The Oklahoma Bar Journal November 2024

P robate

Basic Probate Procedures By Sheila Southard

A CLIENT HAS COME TO YOU BECAUSE A FAMILY MEMBER, a resident of Oklahoma, has recently passed away owning real or personal property in Oklahoma that will require a probate proceeding to change ownership. What do you file, and when do you file it? To answer those questions, the following is a basic framework of a regular pro bate proceeding (“regular” meaning not an ancillary probate or special or summary adminis tration), assuming the estate is solvent and there are no contests or other litigation involved.

petitioner’s diligent search for a will and addresses of heirs as known to the petitioner. For this reason, although not required, 7 the petition should be verified by the petitioner. There is no statute of limitation for filing a probate. ORDER AND NOTICE OF HEARING The court must set a petition to admit a will to probate for hearing not less than 10 and not more than 30 days from the date of filing the petition. 8 If there is no will, a hear ing on a petition to administer the estate does not have this same minimum/maximum time frame, but notice of the hearing must be given to the heirs of the intestate decedent at least 10 days prior to the hearing. 9 The notice should contain the name of the decedent, the name of the person who is asking to be appointed as the PR of the estate, the date and time of the hearing and the location of the court. 10 An order setting hearing

Provide the names, ages and addresses of the dece dent’s heirs, legatees and devisees 3 as far as known to the petitioner. The determination of heirs, legatees and devisees at this point in the proceeding is only for the purpose of providing waivers and consents and does not establish the share of the estate to which any person may be entitled. 4 If the petition does not ask the court to determine the identity of heirs, legatees and devisees at the first hearing, the PR can file a petition to do so at a later date, which can be heard following at least 10 days’ notice to the heirs, devisees and legatees. 5 If the decedent died testate, the original will may be attached to the petition or filed separately. 6 The petition contains factual allegations usually only known to the petitioner rather than his or her attorney, such as the

PETITION

A probate proceeding begins with the filing of a petition that, generally, will: State the jurisdictional facts, including the identity of the decedent, the date of death and the residence of the decedent prior to death; State whether the decedent died testate (with a will) or intestate (without a will) and if intestate will state facts regarding the diligent search conducted for a will; State the probable value and character of the prop erty of the estate; Identify the person asking to be named as the per sonal representative 1 (PR) of the estate and, if there is a will that names a PR, state whether that person consents or renounces his or her right to be appointed as PR; 2 and

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

50 | NOVEMBER 2024

THE OKLAHOMA BAR JOURNAL