Hiring a Wills, Trusts or Probate Lawyer in Oklahoma
What Oklahoma requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Oklahoma: fee rules
| If a lawyer takes your money | The Oklahoma Bar Association's Clients' Security Fund may reimburse money or property taken through theft, embezzlement or wrongful conversion by an Oklahoma attorney acting as a lawyer or fiduciary, including fees paid for services never or only minimally performed. It does not cover malpractice or negligence, losses of the attorney's relatives, partners or employees, losses covered by bond or insurance, or interest and consequential expenses. The attorney must have died, been adjudged mentally ill, been disciplined, or resigned or let the license lapse after discipline, and you should first try other sources of recovery. Payment is a matter of grace, not right; the Board appropriates $100,000 per year in total, and payments are reduced proportionally if approved claims exceed that. File within five years of the loss using the Clients' Security Fund Claim Form; help: 405-416-7000 or 800-522-8065. |
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Oklahoma rules to know first
| Requirements for a valid will | Any person over 18 who is of sound mind may make a will. Except for holographic (handwritten) and nuncupative (oral) wills, the will must be in writing and signed at the end by the testator (or by someone else in the testator's presence and at his or her direction). The testator must sign in front of the witnesses or acknowledge the signature to them, and must declare to them that the document is his or her will. Two attesting witnesses must sign at the end of the will, at the testator's request and in the testator's presence. A person under a guardianship or conservatorship may still make a will, but it must be signed and acknowledged in the presence of a district judge. Each witness should also write his or her place of residence, but leaving it off does not make the will invalid. |
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| Small estate affidavit | 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. A separate affidavit of death and heirship may be recorded with the county clerk for a severed mineral interest (58 O.S. § 393(D)). Knowingly signing a false affidavit is punishable by a fine of up to $3,000, up to six months in jail, or both, plus restitution. Source: 58 O.S. § 393; 58 O.S. § 394 |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The Oklahoma Bar Association's "Find a Lawyer" directory is a voluntary, opt-in listing of Oklahoma attorneys that the public can search by practice area, location, language and name. Not every licensed attorney is listed, and the OBA does not endorse or certify listed attorneys. OBA phone: (405) 416-7000 or toll-free (800) 522-8065. |
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| Check that the lawyer is licensed | The Oklahoma Bar Association's Member Verification search lets anyone look up attorneys by name, Bar ID or city. Each listing shows the lawyer's name, city and state, Bar ID, membership type (such as Active, Retired or Senior), status (such as Good Standing) and admission date. If you can't find an attorney, call 405-416-7000. |
| Check discipline history or file a complaint | Complaints about Oklahoma lawyers go to the Oklahoma Bar Association's Office of the General Counsel, P.O. Box 53036, Oklahoma City, OK 73152-3036, (405) 416-7007. By law a complaint must be in writing and signed; a form is not required but can be downloaded or requested. Give specific details (dates, what you hired the lawyer to do, and what the lawyer did or failed to do) and send copies, not originals, of supporting papers. The office reviews the complaint, dismisses it if no violation is alleged, or investigates (which may include the lawyer's response); if evidence supports violations, the matter may go to the Professional Responsibility Tribunal, which makes recommendations to the Oklahoma Supreme Court. Complaints are confidential unless public discipline is imposed. The OBA cannot give legal advice or intervene in your case. |
Free legal help
| Free legal aid | Legal Aid Services of Oklahoma (LASO) helps low-income Oklahomans with civil, non-criminal legal issues. Apply online or call 1-888-534-5243; LASO asks about income, household size and the legal issue before deciding whether to take the case. LSC lists Legal Aid Services of Oklahoma and Oklahoma Indian Legal Services as its Oklahoma grantees. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Oklahoma · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.