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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 11959
Experience:  JD, MBA
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i need to prove that i am the sole heir to my dads estate since

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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?
Submitted: 7 years ago.
Category: Estate Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

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.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 7 years ago.
i was told that since his estate wasn't very much that i shouldn't need to go through the whole probate process..i have an affidavit of heirship that i can fill out would that suffice so that i can close his accounts and put his house in my name. that's all that is left to do
Expert:  TJ, Esq. replied 7 years ago.
Some states do allow an heir to avoid probate under certain circumstances ... usually when the estate is very small, and there is no doubt about who should receive the estate. Even then, a creditor may initiate probate if the deceased's debts are not voluntarily paid by the estate.

If you provide more information, such as the value of the estate and what State this takes place in, then I may be able to point you to the exact law that dictates how to resolve this issue.
Customer: replied 7 years ago.
in oklahoma, and his estate is small a house and a truck is basically all not much in his accounts.. less than 1,000 dollars and the house he got for about 17,000 and the truck is worth about 5,000.. i apologize if you got the is info already the web page messed up
Expert:  TJ, Esq. replied 7 years ago.
Okay, here's what I could find out:

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.

 

You can use the simplified small estate process in Oklahoma if the value of the estate is $150,000 or less.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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