Probate is the term used to describe the court proceedings which happen after a person dies. Technically, "probate" means to prove a will however the term is also often used to refer to administration proceedings which occur after someone dies without a will.
The reason probate and administration proceedings are needed is to ensure that there is no fraud in dealing with the estate
of a deceased person. To do this the court will review the will and determine whether it is valid, the court will also look at the assets and outstanding debts of the decedent, including medical bills and taxes. Notice will be given to all interested parties which includes everyone named in the will, all heirs at law (people who would inherit if the will is not valid), and all creditors. Once the will is determined to be valid and all creditor issues are resolved, the court will order that the remaining assets be distributed. If the court previously determined the will was valid then the distribution will be according to the terms of the will. If there was no will or it was found to be invalid then the assets will be distributed according to Oklahoma law. Until the court orders distribution, the assets of the estate cannot be distributed to the people named in the will.
In Oklahoma, the probate process is, generally, as follows:
1. File a petition and, if applicable, file the original Last Will & Testament of the decedent.
2. The court will issue an order setting the matter for hearing and will order that notice be given.
3. Notice is published in the newspaper and mailed to all interested parties.
4. A hearing is held. At that time the judge will determine if the will is valid, who will serve as personal representative of the estate, who the heirs of the decedent are, and whether the personal representative will need to pay a bond.
5. Notice to creditors is mailed to all known creditors and published in the newspaper. If creditors file claims then those are claims are dealt with by the personal representative.
6. An inventory and appraisement of the assets is filed.
7. A petition for distribution of the estate is filed.
8. The court sets the matter for hearing and orders notice be given.
9. Notice is given to all interested parties and published in the newspaper.
10. At the hearing the judge will order the estate distributed either according to the Will or according to Oklahoma law.
11. All parties receiving a distribution from the estate will sign receipts, the personal representative will file a report, and the judge will enter an order discharging the personal representative of his/her obligations.
If you'd like to learn more about the probate process or need help with a probate, please go to the Contact page to schedule a time to meet and discuss your options.
AS ALWAYS THIS POST AND THE INFORMATION CONTAINED HEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP SINCE WE DO NOT HAVE ENOUGH INFORMATION REGARDING YOUR SPECIFIC CIRCUMSTANCES TO RENDER SUCH ADVICE. IF YOU NEED LEGAL ADVICE, PLEASE CONTACT A LICENSED ATTORNEY.
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