When someone dies in Oklahoma it may be necessary for you to file a probate in Wagoner County. The process is fairly complex and set out in Oklahoma statutes. Filing a probate is necessary to transfer personal property as well as real property including thee homes or businesses they owned when they died. Read through the following article for more information on the probate process in Wagoner County:
Petition for Probate At The Court in Wagoner
The process begins with drafting the petition for probate. The petition includes the information regarding the person that died and where they lived. Once you draft the petition, you file it with the probate court in the county where the deceased person lived at the time of their death. This petition should request the court to open probate and appoint a personal representative (executor or administrator) to manage the estate.
If There Is a Will Its Admitted To Probate
Many people express their surprise to learn that a person must admit the will to probate. The purpose of this is for the Judge in the case to review the will and if it is valid admit it to probate. There are several reasons that a will might not be be valid. Some reasons may be that its not the original will or that it doesn’t meet Oklahoma statutes that set out will requirements. If the will is valid the Judge carries out the wishes of the decedent for how they want their property distributed. The will also names the executor and any beneficiaries.
Notification To Anyone Who Has an Interest:
Notify all interested parties, such as heirs, beneficiaries, and creditors, about the probate proceedings. This is very important and if done incorrectly will cause problems down the road. In the notice you are notifying all potential heirs so they can come forward with possible concerns. This is also where you ask the court to approve the appointment of the personal representative and ask for permission they serve without bond.
Inventory of Probate Assets:
Prepare an inventory of the deceased person’s assets, including the home, and their debts. This job is for the executor. It includes an inventory of all the property owned by the decedent when they passed. Not all of their property is included. Some property avoids probate and isn’t included. Property that can avoid property can include any jointly owned property with rights of survivorship. It may also include property held in a trust or otherwise distributed outside the probate.
Publication of Notice to Creditors:
Publish a notice to creditors in a local newspaper to inform them of the probate proceedings. This includes all known debts of the decedent. If they have credit card debt or medical bills this must be included and paid if valid. Creditors typically have a limited time to make claims against the estate. Once they file their claims its up to the the executor to either pay or to deny the claim. The executor will also have the responsibility of paying taxes and fees due for burial.
Transfer of Real Property:
Once you pay the debts and taxes, the court can authorize the transfer of the home to the rightful heirs or beneficiaries according to the deceased person’s will or Oklahoma intestacy laws if there is no will. You accomplish this by filing a motion in the probate court, requesting approval to make the transfer. If there is a will, the transfer happens pursuant to its terms. Otherwise, the property is in the hands of the heirs of the decedent, and the state’s intestacy laws distributes the estate.
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Wagoner County Probate Lawyers Near You
If you lost of loved one dealing with their death is hard enough without having to struggle with a probate in Wagoner County. Our team of estate planning and probate attorneys has the experience to quickly file your probate and achieve the result you need. Call our Wagoner probate attorneys and get a free consultation at 918.283.7394.
