who is a probate lawyer in oklahoma

Probate Attorneys in Oklahoma City, OK

1. Anna Self. From Business: Anna L Self , Attorney is conveniently located in south Oklahoma City. ...
2. Crosthwait Law Firm The
3. Barnes F Smith PC. ...
4. Donna J. ...
5. Andrew P. ...
6. Greg McCracken & Associates. ...
7. Goldman Law Office. ...
8. Blau Law Firm-- Ed Blau, Trial Lawyer
9. Bock William H Inc
10. Larry A. ...

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Full Answer

How much does probate cost in Oklahoma?

Probate attorneys can bill by the hour, or they may charge a flat fee. Average hourly probate attorney fees in Oklahoma can range from $150 - $300/hour, and it’s not uncommon for a very basic, simple estate to cost a minimum of $2,500 in estimated legal fees.

What exactly does a probate lawyer do?

Some of the jobs they might take care of including the following:

• Appraising the property of the person who passed away
• Securing all that person's assets
• Finding out how much (if any) estate taxes are owed
• Handling the proceeds from life insurance
• Filling out any necessary documents

Can a probate attorney also litigate in probate?

We seek resolution in probate matters including: Will contests; Admission of a lost, spoliated or destroyed will; Powers of attorney; Our seasoned lawyers also litigate cases related to alleged fiduciary malfeasance, such as concealment of assets and embezzlement action. Additional Legal Matters Handled By Probate Courts

What are the probate laws in Oklahoma?

— Probate Procedure

1. At the hearing on the final account of any personal representative who has given notice to creditors as provided in this title, the judge shall conduct an inquiry to ...
2. The final decree shall contain a finding in substantially the following form: a. ...
3. A final decree which fails to contain the finding required by this section shall be voidable.

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How much is a probate attorney in Oklahoma?

Probate attorneys can bill by the hour, or they may charge a flat fee. Average hourly probate attorney fees in Oklahoma can range from $150 - $300/hour, and it's not uncommon for a very basic, simple estate to cost a minimum of $2,500 in estimated legal fees.

Do I need a lawyer for probate in Oklahoma?

There is no legal requirement to have a lawyer represent you to probate a will in Oklahoma County Probate Court. However, there are benefits to doing so. For example, a lawyer can help you: With creditor claims filed against the estate.

What does a probate lawyer do?

A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent's assets have been placed in a trust.

What is the probate process in Oklahoma?

Probate is a legal process which involves distributing a person's assets and covering their debts and taxes after they die. Assets held or titled solely in the decedent's name will generally go through the probate process before being distributed to the heirs or beneficiaries.

How do you probate a will without a lawyer?

How to probate a will without a lawyer1) Petition the court to be the estate representative. ... 2) Notify heirs and creditors. ... 3) Change legal ownership of assets. ... 4) Pay funeral expenses, taxes, debts and transfer assets to heirs. ... 5) Tell the court what you have done and close the estate.

How long do you have to file probate after death?

So, how long do you have to file probate after death? If a Will nominates an Executor, then the Executor has 30 days from the date of the Testator's death. They must present the Will to the Court and ask to file a Petition to open probate.

Who grants probate?

Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.

Who should apply for probate?

If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.

What can an executor do before probate is granted?

Before probate an executor may do all things that pertain to the executorial office, including:pay or release a debt.get in and receive the testator's estate.assent to a legacy.generally intermeddle with the testator's goods.exercise commercial rent arrears recovery (formerly distrain for rent)release an action.More items...

How much does an estate have to be worth to go to probate Oklahoma?

But probate isn't always necessary, as certain estates are labeled “small estates” and therefore bypass these proceedings. To become part of this distinction, an estate must be worth less than $50,000 in total value, after debts and liabilities have been removed, according to Oklahoma inheritance laws.

Does real estate have to go through probate in Oklahoma?

Is Probate Required in Oklahoma? In most cases, probate is necessary in Oklahoma. However, there are a few exceptions to the law that may allow you to keep an estate or some of the assets out of probate court.

What documents do you need for probate?

You'll need a copy of the death certificate for each of the deceased's assets (eg, each bank account, credit card, mortgage etc), so before you can start probate, you'll need to register the death.

According to Oklahoma probate law, what are the other requirements for a valid will?

An individual wanting to make a legally binding will must be 18 years of age or older. Oklahoma requires that a valid will be in writing. You can w...

According to wills and probate law in Oklahoma, do I have to leave my property to my spouse or children?

No. There is no law against leaving everything to strangers and leaving out the surviving spouse and other family members in a will. However, it is...

How long do you have to file probate after a person dies, according to the Oklahoma probate process?

According to federal law, anyone who is in possession of an original signed will of a deceased person must file it at the county courthouse where t...

What do Oklahoma probate rules require if my family doesn’t want to probate my will?

Within 90 days after your death, a person who has the will must file it with the appropriate probate court, and the court oversees the next steps....

Don't Walk Through Probate Alone

At Oklahoma Probate Lawyers, we are a family firm passionate about providing excellent service to our clients. We know how complicated the process of probate can seem. That is why we offer professional guidance every step of the way. Oklahoma Probate Lawyers, P.C. takes the guessing out of probate planning.

Practice Areas

Our team at Oklahoma Probate Lawyers are experts at Oklahoma probate. We offer a variety of specializations and practice areas, listed below, for our clients.

What Our Clients Say About Us

The Giles are genuinely good people. I am so greatful for the kindness and patience they have shown my father.

What Does Probate Involve?

When someone dies, survivors must do certain things such as arranging a funeral or obtaining a death certificate, and figuring out what to do with all the loved one’s belongings, both tangible and intangible, such as bank accounts, mortgages, and more. This is where probate comes in.

How Do Probate Laws Work in Oklahoma?

Probate is the process by which assets of an individual, known as the decedent, who recently passed away, transfer to the individual’s heirs. As part of this legal process, the probate court will validate the decedent’s last will and testament, distribute assets to the heirs, and settle all debts.

When Is Probate Required in Oklahoma?

Probate is not always necessary, and this is true whether the decedent died testate or intestate (died with or without a valid will).

How to Start the Probate Process in Oklahoma?

To begin the probate process, the executor must contact the local court office and file papers, or petitions, and the process may take a matter of weeks or even years, depending on the estate’s magnitude.

How Long Does Probate Take?

Depending on the complexity of the case, the probate timeline may take anywhere from a few months to a year and longer.

How Much Does Probate in Oklahoma Cost?

Depending on the value of the estate assets, probate can cost anywhere from 3 percent to 8 percent. Probate costs differ by state, and can include:

Frequently Asked Questions

According to Oklahoma probate law, what are the other requirements for a valid will?

What happens if a person dies without a will in Oklahoma?

If a person dies without a will, the Oklahoma laws of descent and distribution determine how that person’s probate property will be distributed in the following circumstances. If the deceased person is survived by a spouse and children, the surviving spouse receives half of the probate property and the remaining half of ...

What happens to property when someone dies in Oklahoma?

Upon the death of a property owner, Oklahoma law provides for a legal process to take control of the deceased owner’s probate assets, assess their value, pay creditors and distribute the assets to the person’s legatees (if the person died with a will) or heirs (if the person died without a will). Such procedures take place in the district court ...

Why is an estate probated?

An estate is probated for the following reasons: to identify and take control of the probate property, to protect the estate’s property, to pay debts and taxes, to determine who is entitled to share in the estate and distribute the property to the proper parties and. in the case of real estate and other record ownership property, ...

What is probate property?

Probate property generally includes any property owned by the deceased person in his/her name alone that does not have a named beneficiary ( i.e. real estate and solely owned bank accounts and securities accounts). Probate property must go through probate court.

What are the expenses of probate court?

The expenses incurred in probate court include what are called the “expenses of administration” such as appraisal fees, newspaper publication charges and court costs. Court costs are charged by the district court for filing the case and other filings and usually amount to a few hundred dollars.

How much does a personal representative charge for probate?

The personal representative is allowed a fee, fixed by law, of approximately 2.5 percent of the value of the probate property.

What is the importance of a will and trust?

Having your will or trust timely and properly drawn will assure you and your loved ones that upon your death the disposition of your property will be as you intended. After you have made your will or trust, it is important that you periodically review it with your attorney to keep it up to date as circumstances change.

What are some examples of probate assets?

Examples of probate assets include: Single name bank or investment accounts. Assets owned jointly as tenants in common (as opposed to joint tenancy)

What percentage of probate estate is paid?

A fee will sometimes need to be paid to person managing the probate, which is usually a percentage of the probate estate, for example, 2%. (The fee is often waived.) If an asset in question has an uncertain value and needs to be appraised (such as cars or antiques), you will want to be prepared to pay an appraisal fee.

How often do you have to give notice of probate?

After being appointed personal representative, the personal representative must give notice to creditors. Notice is required to be published in a newspaper in the county where the probate is taking place, once each week for two (2) or more consecutive weeks, the interval between the first publication and each successive publication shall be not ...

What is the first step in probate?

The first step is generally to give notice to all the beneficiaries or heirs. If you are the one who either intends to manage the probate estate or you are named in the will to manage the probate estate (and you accept the position), it is your job to give notice and gather the signatures.

What happens if no one is named in a will?

If no one named in the will can serve as personal representative, then the beneficiaries of the will must appoint a personal representative. The beneficiaries must either agree unanimously or reach a majority vote. If not, the probate court decides. Similarly, if there is no will, the heirs at law must decide and agree on who will administer ...

What is a letter of administration in probate?

To demonstrate that someone is in charge of the probate estate, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) to the personal representative. The personal representative shows the Letters as proof of their power to act on behalf of the probate estate.

What is a personal representative in a will?

If there is a will, a personal representative is named in the will to manage the probate estate. If the named personal representative is unable or unwilling to serve, then the next personal representative named in the will (called the successor personal representative) may serve. Note that sometimes the word “executor” is used instead ...

What is an estate attorney in Oklahoma?

Oklahoma Estate Attorneys, PLLC, is a legal service firm in Oklahoma City that handles probate matters for family members, known heirs, creditors, and other involved parties. The company guides clients throughout the probate process, from the initial consultation and assets inventory to court hearings and distribution of wealth. The firm's attorneys also assist with family estate planning, wills and trusts, as well as with assets protection. They have over 30 years of combined experience in probate law.

What is Winblad Law?

Winblad Law PLLC in Edmond helps ensure a smooth probate process for families and individuals within the Greater Oklahoma City area. Its team helps executors and personal representatives liquidate the assets of a decedent's estate, ensuring its proper passage to the appropriate heirs. The firm handles ancillary probate, probate of wills, and summary and small estate probate matters. Its scope of practice also includes affidavits of heirship, non-probate procedures, and creditor's claims.

Who owns Cincotta Law Office?

Cincotta Law Office PLLC practices estate planning in Oklahoma City. The office represents executors, beneficiaries, and personal representatives in probate administration. Cincotta Law Office PLLC protects the rights of individuals dealing with the process of opening an estate, distributing assets, answering requests from creditors, and paying estate taxes. The firm is owned and operated by David Cincotta, an attorney with over a decade of experience. His criminal defense practice serves people accused of violent crimes.