Probate Shortcuts in Oklahoma

The probate process can be long and drawn-out, costing your survivors time as well as money. Fortunately, Oklahoma offers three probate shortcuts for "small estates."

If the property you leave behind at your death is below a certain amount, Oklahoma allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones may be able to use simplified probate procedures, or even skip probate entirely.

Collecting Property With a Small Estate Affidavit

Oklahoma offers a procedure that allows inheritors to skip probate altogether by using an affidavit to claim personal property (in other words, anything but real estate).

Which Estates Qualify for the Small Estate Affidavit Procedure?

To qualify, the estate (the property the deceased person owned at death) must meet these requirements:

• the value of all probate property (assets that are subject to probate) located in Oklahoma can't exceed $50,000
• no application for appointment of personal representative is pending or has been granted in any jurisdiction
• all of the estate's taxes and debts have been paid, and
• at least 10 days have elapsed since the death.

(Okla. Stat. tit. 58, § 393 (2024).)

Note that not all of the property the deceased person left behind that is subject to probate. Certain types of property don't count, such as:

• joint tenancy property
• property in a living trust
• payable-on-death bank accounts, and
• other kinds of property that don't go through probate.

So even relatively large estates might still qualify as a "small estate" for purposes of the small estate affidavit.

How to Use Oklahoma's Small Estate Affidavit

If your estate meets the requirements listed above, your inheritor can sign a simple document under oath, called an affidavit. The small estate affidavit must include the following information:

• statements that the estate fulfills each of the requirements listed above
• a description of the property being claimed, and
• a statement that the inheritor is entitled to the property.

(Okla. Stat. tit. 58, § 393 (2024).)

After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution releases the asset. (Okla. Stat. tit. 58, § 393 (2024).)

This process skips probate court entirely. But, if a person or institution refuses to release an asset, the inheritor can petition the court for an order to compel release of the asset. (Okla. Stat. tit. 58, § 394 (2024).)

Simplified Probate: Summary Administration

Another probate shortcut that Oklahoma offers is a simplified probate process for small estates, called summary administration. Unlike the affidavit procedure discussed above, summary administration doesn't allow your survivors to skip probate. However, the probate process is more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.

Which Estates Qualify for the Summary Administration?

Any person with a legal interest in the estate can file a petition for summary administration in Oklahoma if:

• the value of the entire probate estate (meaning all of the property that the deceased person left behind that is subject to probate) doesn't exceed $200,000
• the deceased person has been dead for more than five years, or
• the deceased person lived outside of Oklahoma at the time of death.

(Okla. Stat. tit. 58, § 245 (2024).)

How to Use Summary Administration in Oklahoma

The petition for summary administration must state that the estate meets one of the above requirements. The petition also must include the following information:

• the petitioner's relationship to the deceased person
• the deceased person's name, age, address, and date of death
• if there's a will, a statement that the petitioner believes the will was validly executed and wasn't revoked
• whether the will—if there is one—has been admitted to probate in another jurisdiction
• if there isn't a will, a statement that the petitioner searched for the will and can't find it
• the names, ages, and addresses of the executor and any other inheritors—if any are known to the petitioner
• the names and addresses of all known creditors—and a statement that the petitioner attempted to find the deceased person's creditors
• a description of the personal property and its value
• a description of the real property, its value, and the legal description of real property, and
• whether there's a petition for the appointment of a personal representative—or if one has been granted—in any jurisdiction.

The petitioner also may ask the court to admit the will (if there is one), appoint a personal representative, waive or approve the final accounting, and determine who the inheritors are. If there's a will, the petitioner will need to attach it as well. (Okla. Stat. tit. 58, § 245 (2024).)

When filing the petition for summary administration, the petitioner also must file a "combined notice" that states:

• the name, address, and date of death of the deceased person
• the petitioner's name and address
• whether a will exists
• the petitioner's name and address—if one is named in the petition
• the names and addresses of all potential inheritors
• the value of the estate
• the date, place, and time of the final hearing
• that anyone receiving the notice may file an objection to the petition
• that the court will hold a hearing if an objection is filed, and
• that a creditor's claims will be barred if that creditor doesn't submit a claim within 30 days of the court admitting the petition.

(Okla. Stat. tit. 58, § 246 (2024).)

After receiving the petition, the court will appoint a personal representative and set a hearing date within 45 days. Within 10 days of the admission of the petition, notice of the petition must be mailed to known creditors and inheritors and published once each week for 2 weeks in a local newspaper. At the final hearing, the court—assuming there are no valid objections and all debts have been paid—will issue an order allowing the personal representative to distribute the estate to inheritors. (Okla. Stat. tit. 58, §§ 245, 246, 247 (2024).)

Simplified Probate: Dispensing With Regular Proceedings

Oklahoma offers one more probate shortcut that is similar to summary administration. Like summary administration, this shortcut doesn't avoid probate, but it's still a quicker process than regular probate.

This procedure (called "dispensing with regular proceedings") is available only after a personal representative has been appointed. If the total value of the estate appears to be $150,000 or less, the court will order the personal representative to make an inventory and may appoint appraisers to conduct an appraisement. (Okla. Stat. tit. 58, § 241 (2024).)

If the inventory—and appraisement, if any—show that the total value of the estate doesn't exceed $150,000, the court shall order notice to creditors and set a hearing date for the final accounting and determination of inheritors. The notice and hearing procedures are very similar to the summary administration procedures. (Okla. Stat. tit. 58, § 241 (2024).)

For More Information

For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo) or Estate Planning Basics, by Denis Clifford (Nolo).

For more on Oklahoma estate planning issues, see our section on Oklahoma Estate Planning.