How Probate Works in Oklahoma

1) File a petition in the district court of the county where the decedent lived to admit the will to probate (or for letters of administration if there is no will). 2) The court sets a hearing 10 to 30 days out; notice is mailed to heirs, legatees and devisees at least 10 days before the hearing. 3) The court admits the will and issues letters testamentary or of administration after the representative takes the oath and posts any required bond. 4) Within two months after letters issue, file and publish a notice to creditors and mail it to known creditors. 5) Within two months after appointment, file an inventory and appraisement (the court may extend this). 6) Allow or reject claims and pay debts, expenses and family allowances. 7) File a final account and petition for distribution; after notice and hearing, the court enters a decree of distribution and discharges the representative.

Summary administration: any interested person may petition for summary administration if the estate is worth $200,000 or less, the decedent has been dead more than five years, or the decedent lived in another state. The court issues letters of special administration, orders a combined notice (notice to creditors and notice of final hearing) published once a week for two consecutive weeks and mailed to known creditors and interested persons, and sets the final hearing at least 45 days after the order. Creditors must present claims within 30 days after the order. Separately, in a regular probate where the inventory shows the estate is worth $150,000 or less, the court may on the personal representative's application dispense with regular proceedings, with a 30-day claim period after publication and a hearing at least 35 days after first publication.

In regular probate, the personal representative must file the notice to creditors within two months after letters issue. The notice sets a presentment date at least two months after it is filed; it is published once a week for two consecutive weeks and mailed to known creditors. Claims not presented by that date are barred forever, except that an out-of-state creditor who did not receive mailed notice may present a claim before the final decree. In summary or reduced proceedings, the period is 30 days (or at least one month after filing the notice where the decedent died more than five years before probate began).

A person may not serve as executor or administrator if he or she is under the age of majority, has been convicted of a crime that leads the court to find he or she should not be trusted with the duties, or is found incompetent because of drunkenness, improvidence, or lack of understanding or integrity. Without a will, priority for appointment goes to the surviving spouse (or the spouse's nominee), then children, parents, siblings, grandchildren, next of kin, creditors, and any competent person. A nonresident may serve but must first appoint, in writing filed with the court, an agent living in the county to accept legal process. A bond with two or more sureties is generally required, but the court may order no bond, and a will may waive bond unless the court requires one for good cause.

Ten or more days after the death, a successor may collect money owed to the decedent, tangible personal property, and instruments such as stock or other evidence of a debt or obligation by presenting an affidavit stating that: the fair market value of the decedent's Oklahoma property subject to a will or intestate succession, less liens and encumbrances, is not more than $50,000; no petition to appoint a personal representative is pending or has been granted anywhere; each claiming successor is entitled to the property in the stated shares; and all taxes and debts of the estate have been paid, provided for, or are barred. Transfer agents and officials who keep title records (for example, vehicle titles) must re-register the property to the successor. The affidavit covers personal property; it does not transfer title to real estate.