Probate

What You Need to Know

Probate is a legal process instituted when a person dies with a Last Will and Testament or when they die without any legal documents in place. The process is the same in either case and is governed by Oklahoma Statutes Title 58. The only difference is the individual in charge of the estate, who is called the a Personal Representative (with a Will) or Administrator (without a Will). Both are commonly referred to as Executors. Probate is a public record, which means that anyone can “read all about it” by going to the county clerk and requesting to see the file. Probate can be a long and cumbersome process and is easily contestable.

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    In Oklahoma, the probate process begins by filing a Petition and giving written notice to all heirs. At the initial hearing, the judge listens to testimony from the individual requesting to be the Executor and, if qualified, that person is appointed to serve after signing an oath to perform the duties to the best of their ability. At the hearing, the judge can also make a determination as to who the heirs of the deceased are, if requested.


    Notice is then given to all creditors of the deceased by mail and by publication. The creditors have sixty (60) days to submit a claim. Any claims received are then approved and paid, or disapproved, by the Executor.


    The Executor is required to locate all assets, file an inventory, and at the appropriate time, distribute the assets to the beneficiaries as listed in the Last Will and Testament, or according to the statute if no Last Will exists.


    There are numerous other steps to the Probate process, as well as additional documents to be filed. This is merely a brief overview of the process. Probate will generally take six (6) months or more depending upon the complexity of the estate and other considerations, such as the sale of real property.