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Oklahoma Family Law


Understanding the Probate Process in Oklahoma

Probate is a legal process designed to pass the property of a deceased person to their rightful heirs. At Evan Taylor Law Office, we provide comprehensive probate services to ensure that this process is handled smoothly and efficiently.

Types of Probate

There are two main types of probate in Oklahoma:

  1. Probate for a person who died without a will (intestate).
  2. Probate for a person who died with a Last Will and Testament (testate).

The process is generally the same for both, but the distribution of assets follows different rules.

What Assets Need to Be Probated?

Not all assets need to go through probate. A useful test is to determine whether the asset requires the owner’s signature to transfer ownership. Common assets that typically need probate include:

  • Real estate
  • Cars
  • Bank accounts
  • Investment accounts

If the deceased person cannot sign documents, a judge must sign on their behalf. This is the essence of probate: ensuring that the deceased person’s debts are paid, heirs are identified, and property is distributed according to their wishes or, if there is no will, according to Oklahoma’s laws of intestate succession.

The Role of the Executor or Personal Representative

In a probate case, we often represent the executor or personal representative who is responsible for managing the estate. This includes:

  • Identifying and inventorying the deceased person’s assets
  • Paying any outstanding debts and taxes
  • Distributing the remaining assets to the heirs as specified in the will or by state law

Representing Creditors and Heirs

At Evan Taylor Law Office, we also represent creditors and heirs to ensure that probate laws are followed correctly and that their interests are protected. Whether you are an executor, creditor, or heir, our experienced probate lawyers are here to guide you through every step of the process.

Intestate Succession

If a person dies without a will, their property is distributed according to Oklahoma’s laws of intestate succession. This means that the state has a predefined order of heirs who will receive the property, starting with the closest relatives.

Contact Us for Probate Assistance

Navigating the probate process can be complex and stressful. At Evan Taylor Law Office, we are committed to providing you with the guidance and support you need. Contact us today to schedule a consultation and learn how we can help you with your probate needs.