Simplified Probate Forms in Oklahoma

Simplified Probate Forms in Oklahoma

Simplified Probate Forms in Oklahoma

Probate is the process whereby the courts supervise the distribution of a deceased individual's estate. It should be obvious that once the courts are involved, the probate process can be both expensive and lengthy. Fortunately, the Oklahoma legislature has recognized this situation and provided simplified means for ordinary citizens to transfer moderate amounts of property upon the death of a family member.

Vehicles and the Like

Grandpa hadn't driven his 20 year-old car for a long while but didn't want to sell it. Now some family member must be responsible for liquidating it. The Motor Vehicle Division of the Oklahoma Tax Commission provides a form entitled a No Administrator Affidavit which allows an heir to transfer title to a vehicle, boat or outboard motor without probate or an administrative hearing as long as no one else has a claim or lien.

The individual completes the No Administrator Affidavit and supplies a copy of the death certificate at a tag agency office.

Jointly Owned Real Estate

Jointly owned real estate by a married couple passes to the surviving spouse without the need for legal action through the courts. However, the surviving spouse must supply a copy of the death certificate and an Affidavit of Surviving Joint Tenant when changing the recorded title to the property.

There are times when someone else, such as a son or daughter, becomes the joint tenant. Oklahoma law allows the same surviving joint tenant procedure to be used in this case as well. Besides the death certificate and the Affidavit of Surviving Joint Tenant, an Oklahoma estate tax waiver or release must be provided.

Bank Accounts

If the deceased individual left no will, technically called intestate, heirs can retrieve bank accounts up to a total of $20,000 across all accounts if the heirs produce an affidavit that the deceased left no will and they affirm that no probate proceedings will be initiated. Banks will also require a copy of the death certificate.

Anyone filing a false affidavit is subject to a $3,000 fine and a six-month jail sentence as well as restitution of the amount converted to the rightful heirs.

Mineral Interests

In Oklahoma an Affidavit of Heirship transfers royalty payments if honored by the oil company but will not transfer title of the minerals.

The information presented here is, of course, not a substitute for legal advice that is specific to your particular situation.

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