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LegalKnowledge, Attorney
Category: Estate Law
Satisfied Customers: 28066
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Who has to go through probate in Oklahoma? Will, There are

Customer Question

Who has to go through probate in Oklahoma?
JA: What documents or supporting evidence do you have?
Customer: Will
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are five heirs.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma
Submitted: 12 months ago.
Category: Estate Law
Expert:  LegalKnowledge replied 12 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 12 months ago.

When a person dies, that person’s property can be classified as either 1) probate property or 2) non probate property. Probate property generally includes any property owned by the deceased person in his/her name alone that does not have a named beneficiary (i.e. solely owned bank accounts, security accounts and real property). Probate property must go through probate court. Now, if the cumulative value of a deceased person’s probate property (not including real estate) that would otherwise go through probate court is less than $20,000, that property can be obtained by the deceased person’s successors by the use of a Small Estates Affidavit.

Expert:  LegalKnowledge replied 12 months ago.

Moreover, an estate is probated for the following reasons:

  • to identify and collect the probate property of the estate,
  • to protect the property of the estate,
  • to pay debts and taxes,
  • to determine who is entitled to share in the estate and distribute the property to the proper parties and
  • in the case of real estate and other record ownership property, probate provides a method to secure the legal transfer of such record ownership and thereby maintain a clear chain of title to the property.

Someone is required to step into the shoes of the deceased person, so to speak, and carry out the business of the estate and pay the debts, taxes and expenses, and, in the end, see that the property is distributed to the rightful parties in interest. That someone is called the personal representative of the estate. All of these functions are carried out under the supervision of the district court.

Expert:  LegalKnowledge replied 12 months ago.

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Expert:  LegalKnowledge replied 12 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!