It is difficult to predict how long it will take to administer an estate because everyone is different. Creditors must have two months to assert their claims after a notice to creditors has been published in a newspaper. The personal representative must submit an inventory of the estate`s assets within two months of the appointment, unless the court renounces the inventory. In Oklahoma, you can make a living trust to avoid inheritance of virtually any asset you own – real estate, bank accounts, vehicles, etc. You will need to create an escrow document (similar to a will) and appoint someone to take over as trustee after your death (called an estate trustee). Table 1. Distribution of property in Oklahoma when a person dies without leaving a valid will. Oklahoma`s bylaws require anyone in possession of a will to submit it within 30 days of the person`s death. If they don`t, the court can force them to present it by keeping them in jail. This information is set out in Title 58-21. The minimum time to administer a simple estate is usually six to 12 months.

Complex properties with properties for sale usually take longer. In increasingly rare cases where a discount is subject to federal inheritance tax, a tax exemption from the Internal Revenue Service must be filed with the court before the judge can issue a final decree distributing the estate`s assets. Special procedures are available for the management of small estates and estates that are fully transferred to a surviving spouse. In these cases, the time required may be considerably shorter. While some contested probate issues do not lead to hostility between the beneficiary parties, others certainly do, and the emotional characteristics of family matters, especially after the tragedy of the death of a loved one, ensure that the probate court is no stranger to the high tensions and complex litigation that results from it. The number of children who will inherit from their deceased parent depends on two questions: are the children of the surviving spouse and are they the only children of the deceased? If the answer to both is yes, the estate is divided equally between the children and the spouse. For all other situations, however, the children are entitled to half of the property acquired jointly from the marriage as well as half of the remaining estate. “Probate Court Litigation” is a broad term that encompasses a variety of situations, all of which relate to a person`s estate after death and the time has come to review their will or post-mortem trust.

The inheritance process usually involves the identification of the deceased`s assets, the decision to pay taxes and other expenses, and finally the distribution of property among the legal heirs, as provided for in the will. In addition, there are lawyers` fees and, where applicable, personal representation fees. Attorneys` fees are based on the reasonable fees necessary to provide reasonable compensation to the attorney, taking into account the breadth and depth of the services provided. The personal representative is granted a legal fee of approximately 2.5% of the value of the assets of the estate. Family members who act as personal representatives sometimes waive their fees. Lawyers` and personal representatives` fees require the approval of the District Court. There is no limitation period for approval. An estate, whether there is a will or not, can be reviewed years or even decades after death.

If you have been appointed executor in a will, you may have certain legal obligations to the estate. Court fees are usually higher if a person dies without a will (intestate). The estate administrator must post a bond. As mentioned earlier, most lawsuits require the guardian of minor children to obtain court approval and may also require a deposit. The obligations ensure that the tutor and the manager faithfully perform the required tasks. These bonds can be obtained by paying a fee to a bondholder. The absence of a will also excludes the possibilities of minimizing state and federal inheritance taxes. In general, wills must be written, officially signed and attested to their validity.

The required number of witnesses varies from state to state. In Oklahoma, at least two witnesses are required. Witnesses should actually see how the will (testator) signs the will, and witnesses must sign while the testator is present. Witnesses should be informed that they are testifying in the testator`s will, although they do not need to know what the will says. Heirs under the will should not be used as witnesses. Beneficiaries are generally not allowed to obtain property on the basis of a will they have witnessed unless there are sufficient other witnesses. As in all other areas of law, the rules governing inheritance disputes vary considerably from one State to another. Oklahoma laws affect a number of probate disputes and require a detailed understanding to ensure that you are acting in accordance with local laws and that the will itself was drafted in accordance with local law.

In some limited situations, an oral will may be valid. Oral wills, called nouncupative wills, are only valid if they were made by a person in military service and for fear of immediate death in the course of military service. The property cannot exceed $1,000 and cannot include real estate. At least two witnesses must be able to prove not only that an oral will was drawn up, but also the content of the will. Therefore, oral wills have very little practical use. While elements of these categories may arise in your estate claim, we primarily deal with matters that fall directly within the jurisdiction of estate disputes: a matter of communication between several parties to the dispute in relation to alleged problems that arose in connection with or as a result of a will or trust. Costs incurred before the Probate Court include “administrative costs” such as assessment fees, newspaper fees and court fees. Court fees are charged by the District Court for filing the case and other filings and are usually a few hundred dollars. When a person dies without a will, the distribution of property is regulated by the laws of the state.

These laws vary somewhat from state to state. In Oklahoma, bylaws require the distributions listed in Table 1, based on the remaining survivors. If no parent survives, the property will go to the treasury and not to a dignified friend or charity, as the deceased might have preferred. These laws leave no room for the flexibility necessary to respond to changing circumstances or special needs. Even if these distribution systems seem satisfactory, it may still be desirable to have a will. Statuses are always subject to change and you may not always be aware of changes when they occur. In addition to initial distribution considerations, several other factors can make a will desirable. Because some types of assets and accounts require the designation of a beneficiary, they are considered unlicensed by the Oklahoma court system. This allows them to be passed on much faster, although you can make your estate a beneficiary and include it in the typical inheritance process. Estate attorneys may charge by the hour or charge a fixed fee.

Average hourly probate attorney fees in Oklahoma can range from $150 to $300 per hour, and it`s not uncommon for a very simple and straightforward property to cost at least $2,500 in estimated legal fees. The absence of a will prevents the testator from restricting the future ownership of a property. .