Summary Probate in Oklahoma – Faster Probate for Small Estates
Oklahoma law allows for a faster, easier, and generally less expensive probate procedure for smaller estates. This faster process is known as “summary administration” or “summary probate.”
What is the financial limit for summary probate in Oklahoma? Oklahoma Statutes title 58, section 245 et seq. sets the limit for summary probate at a probate estate value of $200,000.
What happens if the estate value exceeds $200,000? A general probate will apply. See our article on regular probate procedure in Oklahoma for more information.
Can a summary probate be used if there is no will? Yes. Summary probate procedures are available if the decedent died without a will, also known as “intestate.”
Can a summary probate be used if there is a will? Yes. Summary probate procedures can be used if the decedent had a will.
Can summary probate be used in other ways? Yes. Summary probate procedures may be appropriate if the deceased individual died more than five years, or if they resided in another state (i.e. not Oklahoma) at their time of death. If a non-Oklahoma resident had property in Oklahoma at the time of their passing, an ancillary probate action may be required or helpful in Oklahoma courts; see our article on ancillary probate procedure in Oklahoma for more information.
How long does a summary probate case take? Most summary probate cases take 60-90 days from initial filing to final order. However, preparation of the initial filing and follow-up after the final order can potentially extend the total matter time.
How many hearings are included in a summary probate case? The goal for summary probate cases is to only have one hearing before the court. If there are any objecting parties, missed notices, or other unique concerns from one of the parties or the judge, additional court appearances may be required.
Can probate be avoided in Oklahoma? Yes. There are many ways to avoid probate altogether in Oklahoma, saving surviving family members time, money, and potential heartache. Asset protection and probate avoidance are key considerations in every one of our estate plans. If this is important to you or your loved ones, see our article on how to avoid probate in Oklahoma.
Contact Avenue Legal Group to discuss the possible need for a summary probate action, probate avoidance and asset protection options through estate planning, or to obtain pricing on probate services, including summary probates.
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