Estate Law Questions? Ask an Estate Lawyer.
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Question: “i need to prove that i am the sole heir to my dads estate since he passed away without a will. he didn't own much except a small house but he has bank accounts that i need to close but the bank won't let me touch anything without something proving i am the heir.. what document or documents do i need to prove this?”
Answer: Since there is no will, that means the estate passes by the intestate laws of your state. Generally speaking, if your father wasn’t married and you have no siblings, then you will get the entire estate (less any debts that your father owed). In order to have the estate awarded to you, you will need to begin the probate process, whereby an executor of the estate will be appointed, and then the assets will be legally passed to you. In order to initiate probate, you will need to visit your local probate court and ask the clerk of the court for the forms that need to be filled out and filed. You can ask that you be appointed executor if you’d like.
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Oklahoma has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
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