Hello. My mother passed away in March of this year. She owned several timeshare contracts with Wyndham. I sent them all the paperwork they requested but apparently my mom did not have the deeds in her trust. Everything else is so it doesn't make sense. They told me I needed a probate document naming me executor or personal representative. I am the successor trustee of her trust. In the state of OK is there any way around actually going to probate court for just this one thing? My brother and sister are not contesting anything and my mom said that this would all be divided equally. What do I do next? Note: She owes way more that what is actually in her estate. Thanks.
State/Country relating to question: Oklahoma
Hello, I will be happy to assist you with your question. I am a real attorney and strive to provide the most professional service possible. However, I cannot provide legal advice - I can only give you information concerning the legal issues raised by your question. After receiving your answer, please let me know if you need clarification (or if I misunderstood and didn't address your question).
I am sorry to hear of your loss and the current situation you face.
Unless the timeshare property is actually in Oklahoma, no probate in Oklahoma is necessary to legally transfer the interest (because an Oklahoma court would have no jurisdiction over real property located outside of Oklahoma).
Rather, you would either need to complete a probate or similar process in the country and/or state where the timeshare property is located or satisfy requirements that Wyndham has (if there is no real property title involved).
If your mother had a timeshare deed, you normally would need to complete the foreign probate. However, Wyndham asking you to provide letters testamentary (which appoint an executor) or letters of administration (which appoint an administrator when there is no will) makes me think they simply want to know you are in charge of the estate and they will transfer membership of the timeshare upon receiving that proof. IN other words, what they have asked you to provide makes me think that perhaps they merely keep a record of membership in the timeshare and that Wyndham itself actually holds legal title to the property.
That is something you would need to confirm. However, it that is the case, then you can use an Oklahoma small estate affidavit in place of an actual probate to show Wyndham that you have authority for the estate.
Here is a form you could use:
SMALL ESTATE AFFIDAVIT
(Pursuant to 58 Okla. Stat. § 393)
STATE OF OKLAHOMA )
COUNTY OF ________ )
_____________________, of lawful age, being first duly sworn on oath, states:
1. ______________ died on _____________, 20__ a resident of ___________.
2. The fair market value of property located in this state owned by the Decedent and subject to disposition by will or intestate succession at the time of the Decedent's death, less liens and encumbrances, does not exceed Twenty Thousand Dollars ($20,000.00).
3. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
4. ___________ is entitled to as a result of the death of pursuant to 58 Okla. Stat. § 393 (copy attached hereto as Exhibit "A" and made a part hereof).
5. All taxes and debts of the estate have been paid or otherwise provided for or are barred by limitations.
6. ______________ makes this Affidavit and states that the facts set forth therein establishing jurisdiction, heirship and intestacy are true and correct.
FURTHER SAITH NOT.
This instrument was acknowledged before me this _____ day of , 20___ , by _________________.
Notary Public (Commission No. _______________)
My Commission Expires:
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Wills, Trusts, Probate & other Estate Matters
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