Average Probate time in Oklahoma?

astranot

New Member
Jurisdiction
Oklahoma
I know it varies depending on different factors. What I do know is there is a small 3 bedroom house (still being paid off), a nice newer truck (still being paid off), and a small carpentry business but big enough to have a few employees and lease a shop, there is no will and there are 2 heirs. So I'm just looking for how long something like this might take if it was uncontested and taking Covid into consideration.
 
There is no way that we can tell you the answer to that.
 
So I'm just looking for how long something like this might

According to the first 5 search results anywhere from 6 weeks to over a year.

oklahoma intestacy probate time line at DuckDuckGo

Are you one of the two heirs? If so, answer the following questions and you might ge some helpful comments.

1 - Date of death (a parent perhaps)?
2 - What, if anything has been done so far?
3 - Have either of you stepped up and gone to court to become representative of the estate?
4 - Who is living in the house?
5 - Who is driving the truck?
6 - Who is running the business?
7 - How are the bills and monthly payments being paid?

Adding: Your local probate court may have forms and instructions. Check its website.
 
I'm just looking for how long something like this might take if it was uncontested

It might take anywhere from six months to two years (or more). To the best of my knowledge, no one from OK (much less an OK probate lawyer) follows these boards regularly.
 
So I'm just looking for how long something like this might take if it was uncontested and taking Covid into consideration.


How long is the average probate process in Oklahoma?

In Oklahoma, most probates can be done in about four to six months.

Any litigation, arguing, or legal disputes will extend the above timeline considerably.

An OK attorney discusses probate and it's timeline:

How Long Does the Oklahoma Probate Process Take? - Oklahoma Will and Trust

Oklahoma offers two probate shortcuts for "small estates." This makes it easier for survivors to transfer property left by a person who has died. You may be able to transfer a large amount of property using these shortcuts -- saving time, money, and hassle.

Here are the two ways you can skip or speed up probate. (If the affidavit procedure is used, there's no need to use the simplified probate procedure.)

Claiming Property With a Simple (Small Estate) Affidavit
Oklahoma has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit Claiming Property With Affidavits .
When the person or institution holding the property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset.

The out-of-court affidavit procedure is available if the fair market value of the estate in Oklahoma, less liens and encumbrances, is $50,000 or less. There is a ten-day waiting period. The inheritor can use this process to change the registered owner of a severed mineral interest, stock, bond, or other registered personal property. 58 Okla. Stat. Ann § 393 2014 Oklahoma Statutes :: Title 58. Probate Procedure .

Simplified Probate Procedures
Oklahoma has a simplified probate process for small estates. To use it, an inheritor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Oklahoma if the value of the estate is $200,000 or less, if the deceased person has been dead for more than five years, or if he or she resided in another state at the time of death. 58 Okla. Stat. Ann § 245 2014 Oklahoma Statutes :: Title 58. Probate Procedure .

The request must contain the following information:

> your relationship to the deceased person
> the deceased person's name, age, address, and date of death
> the original or certified copy of the will
> a statement that you believe the will was validly executed or that you searched for the will and can't find it
> the names, ages, and addresses of the executor and any other inheritors
the names and addresses of all known creditors
> a description of the personal property and its value, and
> a description of the real property, its value, and the legal description of real property.

The court then provides notice to creditors and schedules a final hearing. 58 Okla. Stat. Ann § 246 2014 Oklahoma Statutes :: Title 58. Probate Procedure :: §58-246. Petition for summary administration - Notice. .
 
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