Small Estate
Proceedings

Simplified Probate Options in Oklahoma

Not every estate requires full probate administration. Oklahoma law provides simplified procedures for smaller estates that reduce cost, time, and complexity.

Oklahoma Small Estate Statutes

Oklahoma's Probate Code (Title 58) provides two streamlined options for qualifying estates:

Summary Administration (58 O.S. § 241)

For estates valued at $200,000 or less (excluding homestead passing to surviving spouse or minor children), summary administration provides court supervision with reduced requirements. The personal representative can distribute assets 45 days after appointment, significantly faster than regular administration.

Small Estate Affidavit (58 O.S. § 393)

For estates under $50,000 with no real property, heirs can use a sworn affidavit to collect assets without opening a court case. This statute requires waiting at least 30 days after death and obtaining signatures from all heirs.

Summary Administration (Estates Under $200,000)

Summary administration is a streamlined probate process available for estates valued at $200,000 or less (excluding the homestead property if passing to surviving spouse or minor children).

Benefits of Summary Administration

• Faster distribution – Assets can be distributed 45 days after appointment, versus 4+ months under regular administration
• Reduced court oversight – Fewer required filings and hearings
• Lower costs – Less attorney time and fewer court appearances
• Simpler accounting – No formal annual accountings required

Summary Administration Process

1. File petition requesting summary administration
2. Court appoints Special Administrator
3. Publish notice to creditors
4. Wait 45-day period
5. Distribute assets to beneficiaries
6. File final report and close estate

Small Estate Affidavit (Estates Under $50,000)

The simplest option for very small estates, the affidavit procedure allows heirs to collect assets without opening a probate case at all.

Requirements

• Total estate value under $50,000
• No real property (land or buildings)
• At least 30 days since death
• No pending probate proceeding
• All heirs must sign the affidavit

What You Can Collect with an Affidavit

• Bank accounts
• Vehicle titles
• Safe deposit box contents
• Wages owed to decedent
• Personal property
• Stock certificates

Choosing the Right Procedure

Procedure	Max Value	Real Property?	Court Required?
Affidavit	$50,000	No	No
Summary	$200,000	Yes	Yes (limited)
Regular	No limit	Yes	Yes (full)

Common Small Estate Situations

• Parent with modest savings – Bank accounts and a vehicle but no real estate
• Spouse with separate accounts – Joint accounts pass automatically, but individual accounts need transfer
• Rental property under $200k – Summary administration can transfer title
• Final paycheck collection – Affidavit can be used to collect wages owed

Common Small Estate Mistakes

Even simplified probate procedures have specific requirements. Here are common mistakes to avoid:

• Using the wrong procedure: Trying to use an affidavit when there's real property, or when the estate exceeds the value threshold, will result in rejection
• Missing heir signatures: All heirs must sign the affidavit—even one missing signature invalidates the entire document
• Inaccurate value estimates: Banks and institutions may verify your claimed estate value; underestimating to qualify for a simpler procedure can backfire
• Ignoring the 30-day waiting period: Filing an affidavit too early violates the statutory requirement and voids the document
• Skipping professional preparation: DIY affidavits often miss required statutory language or formatting that institutions require