Probate estates can be big or very small. Probate involves getting a Judge’s permission, through Court proceedings, in order to distribute a deceased person’s assets and belongings. Probate Court permission may be required to transfer a deceased individual’s real property.
Probate is the legal process by which a deceased person’s Last Will and Testament is proved valid and then to distribute the person’s estate in accordance with the instructions in their Last Will and Testament. If the Will is invalid, or if there is no Will to provide to the Probate court, then the deceased person’s assets are distributed in accordance with the Intestacy laws of the State of Oklahoma. Probate can be time consuming and costly for your loved ones. There are, however, ways to avoid probate by careful advanced planning. Learn more about what you can do now to avoid probate in the future.
Attorney Elizabeth Ross-Jones helps Executors, Personal Representatives and Administrators, with the probate process from start to finish. If a friend or loved one has passed and you have been named as the personal representative of the estate in his or her Last Will and Testament or if there is no Will and you need to administer the estate, let Elizabeth provide you with the compassionate guidance needed each step of the way.
What to expect during the Probate Process in Oklahoma in a nutshell
- An initial probate petition will be filed in the county where the decedent lived at the time he or she passed;
- A hearing will be set in the Probate Court for a judge to formally appoint the Personal Representative or Administrator. At that time the Will’s validity and heirs or beneficiaries are determined;
- An inventory of the estate will be compiled and filed with the court;
- Creditors will be notified and creditor claims presented to be paid;
- Tax returns will be filed;
- Real property or personal property may need to be sold in order to pay the decedent’s debts. If so, this will be approved and confirmed by the court through formal legal proceedings;
- The estate’s debts will be paid where allowed by law;
- Once these steps have been accomplished, a final probate petition will be filed with an accounting for the court’s approval;
- A final hearing will be set in the Probate Court for a judge to sign the Order approving the final accounting and ordering distribution of the estate’s remaining assets in accordance with the decedent’s Will or in accordance with the Intestacy laws of Oklahoma if there is no valid Will.
- The Personal Representative or Administrator will be discharged by the Court from any further duties and the probate cased will be closed.
HOW TO GET STARTED
Elizabeth invites you to schedule an appointment to meet with her and discuss whether a probate is needed and what the cost will be to represent you as a personal representative or estate administrator. You may request an appointment with Elizabeth by contacting her directly. All information you provide is strictly confidential. The initial consultation is free.
Disclaimer: Information provided is a service of Elizabeth Ross-Jones, Attorney at Law. It does not constitute legal advice. For specific questions, please contact Elizabeth Ross-Jones or another a qualified attorney in your area.