§58-8. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate. Probate Shortcuts in Oklahoma. The attorney of the Skillern Law Firm can help you plan out your estate so your heirs are taken care of in the best and efficient manner possible. If appropriate, the court can authorize the executor to distribute the assets without having to go through the traditional process. ( Log Out /  Oklahoma has a simplified probate process for small estates. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. I highly recommend her to anyone." Continue reading →, Before 2008, there was no way in Oklahoma for real property or mineral rights to skip probate except for a revocable trust. Simplified Probate in Oklahoma. §58-9. Ann § 393. If so, you do not have to be alone at this time. When a person dies, their assets are distributed in the probate process. Simplified probate procedures. The attorney listings on this site are paid attorney advertising. The request must contain the following information: The court then provides notice to creditors and schedules a final hearing. Otherwise, probate is generally required if you die leaving a will or intestate -- without a will. To use it, an inheritor files a written request with the local probate court asking to use the simplified procedure. This transfer does not take effect until the landowners death. Under Oklahoma law, a small estate is defined as $150,000 or less. Asked on April 4, 2014 under Estate Planning, Oklahoma … A family can use this special probate procedure if: The value of the estate is less than or equal to Two Hundred Thousand Dollars ($200,000.00); The decedent has been … - Kyle M. If you do not have a Revocable Living Trust, your estate will  need to be probated or be small enough for a simple affidavit. Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased person’s property without having to go through the formality of probate. 58 Okla. Stat. If so, can I do this myself with a the help of a lawyer? If the estate fits under the criteria for a small estate, you can use a simplified probate process. One is an affidavit that does not involve the probate court at all. Asked on 4/4/2014 under: Wills, Trusts, Probate Oklahoma. This includes all personal property as well as other assets. Small Estates While all wills must be filed for probate, small estates may go through a much simpler probate process than larger estates. The benefits are that it is quicker than normal probate and the attorney fees will be less. Simplified probate is … Upon the death of a property owner, Oklahoma law provides for a legal process to take control of the deceased owner’s probate assets, assess their value, pay creditors and distribute the assets to the person’s legatees (if the person died with a will) or heirs (if the person died without a will). Call our office today! (If the affidavit procedure is used, there's no need to use the simplified probate procedure.). 2014 Oklahoma Statutes Title 58. If so, can I do this myself with a the help of a lawyer? While the probate process in Georgia is fairly straightforward, avoiding probate saves surviving family members time and trouble. This makes it easier for survivors to transfer property left by a person who has died. One important thing about about probate is that is is time-consuming and typically expensive. When the person or institution holding the property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset. In Oklahoma this is known as a Summary Probate. If the estate's value is under the "small estates" limit in your state, you can take advantage of a simplified probate procedure, often called a "summary probate." You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). However, the probate proceeding serves several purposes and once you understand them, it can make it easier to accept the waiting period. Then -- and this is crucial -- you must transfer ownership of your property to yourself as the trustee of the trust. Transfers already made legalized. Oklahoma state allows for two simplified probate procedures. If the decedent left behind a smaller estate, a simplified probate process known as ‘summary probate’ may be an option, even if there is a Will in place. But many states provide less complicated options for smaller estates. At your death, your successor trustee will be abl… This law allows a record owner to use a Transfer-On-Death Deed to name another person to receive his real estate without going through probate. $50,000 or less (skip probate process) Simplified procedure may be used for estates of different value. Tags: beneficiaries, estate planning, intestacy, oklahoma, probate, revocable living trusts, trusts. Simplified Probate Procedures Print | E-mail California has "simplified procedures" for transferring property when the estate is worth under a certain amount (from $20,000 to $150,000 depending on the circumstances and the kind of property). Instead of having a court hearing in front of a judge, you may need only to file a simple form or two and wait for a certain amount of time before distributing the assets. Tennessee. §677. §58-5. The out-of-court affidavit procedure is available if the fair market value of the estate in Oklahoma, less liens and encumbrances, is $50,000 or less. Showing 1 to 44 of 44 entries In Oklahoma, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. We were not rushed and were given suggestions concerning changes we were looking for. ( Log Out /  Ann § 393. I understand all I need to do is file written request with the local probate court asking to use the simplified procedure, is this correct? §58-7. To use it, an inheritor files a written request with the local probate court asking to use the simplified procedure. The entire estate is considered, minus liens and encumbrances (skip probate). 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