Estate
Administration

What Is Probate Administration?

Probate is the court-supervised process of settling a deceased person's estate. It involves proving the validity of the will (if one exists), identifying and valuing assets, paying debts and taxes, and distributing remaining assets to beneficiaries.

In Oklahoma, probate is handled by district courts, with specific procedures depending on the size and complexity of the estate.

Oklahoma Probate Code: What You Need to Know

Oklahoma probate law is codified in Title 58 of the Oklahoma Statutes. Understanding these requirements helps personal representatives fulfill their duties properly and avoid personal liability.

Personal Representative Duties (58 O.S. § 261)

Under Oklahoma law, personal representatives must:

• Take possession of estate assets and preserve them
• File an inventory within two months of appointment
• Publish notice to creditors as required by law
• Pay valid debts in the order of priority established by statute
• Maintain accurate records of all transactions
• File periodic accountings with the court

Creditor Claim Period (58 O.S. § 331)

Oklahoma law requires publication of notice to creditors. Known creditors must be notified directly. All creditors then have two months from the date of first publication to file claims or be forever barred. This relatively short window allows estates to close more quickly while protecting beneficiaries.

Distribution Priority (58 O.S. § 591)

When estate assets are insufficient to pay all debts, Oklahoma law establishes a strict priority order: funeral expenses, administrative costs, family allowance, debts with liens, and then general creditors. Understanding this hierarchy is crucial for proper administration.

The Oklahoma Probate Process

1. Opening the Estate

The process begins by filing a petition with the district court in the county where the decedent lived. The court reviews the will (if any) and appoints a personal representative to manage the estate.

2. Notice to Interested Parties

Heirs, beneficiaries, and known creditors must be notified. Oklahoma also requires publication of notice in a local newspaper to alert unknown creditors.

3. Inventory and Appraisal

The personal representative must identify all estate assets, determine their value, and file an inventory with the court. Some assets (real estate, businesses) may require professional appraisals.

4. Creditor Claims Period

Creditors have two months from the date of notice publication to file claims against the estate. The personal representative reviews and either approves or contests each claim.

5. Paying Debts and Expenses

Valid debts, estate expenses, and taxes must be paid before distribution to beneficiaries. Oklahoma law establishes priority for different types of claims.

6. Final Accounting and Distribution

The personal representative files a final accounting showing all receipts and disbursements. Once approved, remaining assets are distributed to beneficiaries and the estate is closed.

Types of Probate in Oklahoma

Regular Administration

Full court-supervised probate required for most estates. Provides maximum protection for personal representatives but involves more court oversight.

Summary Administration

Simplified process available for estates under $200,000. Fewer court filings and faster resolution, typically 45-60 days after appointment.

Small Estate Affidavit

For estates under $50,000 with no real property, heirs may be able to collect assets without formal probate using a simple affidavit procedure.

Common Probate Administration Mistakes

Personal representatives who try to navigate probate without proper guidance often make costly errors. Here are the most common mistakes we help clients avoid:

• Paying Debts Too Early: Distributing assets or paying certain debts before the creditor claim period expires can leave you personally liable if estate funds are insufficient for priority debts
• Missing Publication Deadlines: Every notice has specific timing requirements. Missing deadlines can extend the probate process by months and increase costs
• Failing to Inventory All Assets: Overlooking digital assets, mineral rights, vehicles, or personal property can create significant problems during final accounting
• Self-Dealing or Conflicts of Interest: Personal representatives cannot use estate assets for personal benefit, even temporarily. This can result in removal and personal liability
• Not Preserving Estate Property: Failing to maintain real estate, pay insurance, or secure personal property makes you liable for any losses
• Improper Distributions to Beneficiaries: Distributing assets before paying all debts, or distributing unequally when the will requires equal shares, creates legal problems

How We Help Personal Representatives

• Prepare and file all court documents
• Guide you through each step with clear explanations
• Handle creditor claim disputes
• Coordinate with accountants on tax matters
• Prepare inventories and accountings
• Represent you in court hearings
• Advise on fiduciary duties and liability protection