When a family member dies, often times a Probate of the decedent’s Will, or (when there is no Will) an administration of the decedent’s estate, is required. The purpose of the Probate Courts is to provide for an orderly liquidation of the decedent’s property, and a distribution of the decedent’s property to his heirs in the manner set forth in his Will, or (where there is no Will) in the manner set forth in the intestacy laws of Oklahoma.

Someone – usually a family member – needs to serve as the Personal Representative of the decedent. The requirements which the probate law places upon the Personal Representative are many, some of which are these:

• Give notice of the death to creditors
• Gather-up the decedent’s assets
• Prosecute claims in Court that the decedent owned at the time of his death
• Defend claims in Court that are brought by others against the decedent’s estate
• Inventory the Estate
• Pay the claims of the decedent’s creditors
• Prepare individual and estate tax returns of the decedent, and pay all taxes due and owing by the decedent’s estate
• Defend (or challenge) the validity of a Will by bench trial to the Court (i.e., a “Will Contest”)
• Prosecute (or defend) allegations of the existence of a common law marriage between the decedent and another
• Distribute the decedent’s assets in the manner set forth in the decedent’s Last Will and Testament, or where no Will exists, as set forth by the intestacy laws of the State of Oklahoma

There are many other factors that can be decided in Probate Court or by having an estate plan such as guardianship of loved ones. If for any reason you were to become incapacitated, this can also help to direct plans for your long term care. This is much different than a will, although you should still have one. 

Wills in Oklahoma

In short, a will determines what happens to your belongings after you pass away. This is something that can be changed at any time while you are alive. There are rules that have to be followed as far as the court is concerned. A will must be signed by two witnesses, neither can be a beneficiary. If a will is signed by a beneficiary, the will is not valid. These are things to consider when planning this, so that your wishes are followed exactly. 

A Lawyer With Extensive Experience Trying Cases in Probate Court

As a Personal Representative or heir of the decedent, you need legal representation. Richard A. Shallcross has practiced law in the Probate Courts of this state since 1982. Richard is both an attorney and a certified public accountant (CPA), and as such, is best able to represent you in complex probate litigation

Contact a Tulsa Estate Administration Attorney Today

Call (918) 592-1645 today to discuss your family member’s probate, or claims related thereto.