Detailed answer

This is not legal advice. It is general information about how Oklahoma courts treat out‑of‑state deaths and when you would need to open probate in Oklahoma.

Under Oklahoma law, the court that handles a deceased person’s main probate administration is normally the court in the state where the person was domiciled (their permanent home) when they died. If the person died in one state but was living and had made their permanent home in another state, the probate that governs their overall estate typically happens in the state of domicile.

Where Oklahoma becomes relevant is when the decedent owned property located in Oklahoma. Oklahoma law (the Oklahoma Probate Code, Title 58) allows local courts to open a probate or ancillary proceeding to administer or transfer property that is located inside the state. In short:

• If the decedent had no assets in Oklahoma and no need for Oklahoma title or records to change, you generally do not need to open probate in Oklahoma.
• If the decedent owned real estate or certain tangible personal property located in Oklahoma, you likely must open an ancillary probate or ancillary administration in Oklahoma to clear title and transfer those Oklahoma‑situs assets.
• If the decedent’s only assets are out of state, the primary probate should be opened in the decedent’s domicile (the state where they intended to live permanently). That primary proceeding can appoint a personal representative who can act in other states; those out‑of‑state personal representatives frequently obtain ancillary appointment when needed to deal with local property.

How to tell where the decedent was domiciled: domicile is physical presence plus the intent to remain (or to return). Evidence can include the person’s driver’s license, voter registration, where they paid state income taxes, their mailing address, where they regularly received mail, where they maintained a home, and statements of intent. Courts look to the totality of the circumstances.

Oklahoma probate statutes and rules that govern administration, ancillary proceedings, and appointment of personal representatives are found in Title 58 of the Oklahoma Statutes. For statutory language and procedure, see the Oklahoma Legislature’s Title 58 (Probate Code): https://www.oklegislature.gov/osstatuestitle.html?title=58.

Common outcomes in the scenario you described

Applying the general rules to the situation where a parent died in Virginia but was living in North Carolina:

• If the parent’s domicile was North Carolina at death, the main probate should be opened in North Carolina. Oklahoma courts would not generally be the proper place for the primary administration unless the parent was domiciled in Oklahoma.
• If the parent owned real estate or other property located in Oklahoma at the time of death, you will likely need an ancillary probate in Oklahoma to transfer title to that Oklahoma property or to allow an out‑of‑state personal representative to act locally.
• If the parent had no Oklahoma assets, you generally do not need to start any proceeding in Oklahoma.

Timing and practical issues

Acting promptly helps. Locate the will (if any) and certified death certificate. Identify and list assets by location. If any asset is located in Oklahoma, contact the probate clerk in the county where the asset sits or an Oklahoma attorney to ask about ancillary probate forms and bond requirements. If the estate is small, Oklahoma and other states sometimes offer simplified or small‑estate procedures that avoid full probate; check local rules.

Practical next steps (concise checklist)

1. Find the original will and multiple certified copies of the death certificate.
2. Make a list of all assets and note the physical location (especially any Oklahoma real estate or bank accounts titled in Oklahoma).
3. Determine domicile evidence (tax returns, driver’s license, voter registration, homestead, utility bills, mailing address, statements of intent).
4. If domicile was not Oklahoma but there are Oklahoma assets, contact the Oklahoma county probate court where the property sits or hire an Oklahoma probate attorney to file an ancillary administration or to advise on small‑estate options.
5. If there are no Oklahoma assets, open probate where the decedent was domiciled; that personal representative can then handle out‑of‑state claims or request ancillary appointments where needed.

Helpful Hints

• Keep records: preserve originals or certified copies of wills, deeds, account statements, and the death certificate.
• Check local property records online to confirm whether any real estate remains titled to the decedent in Oklahoma.
• Ask banks and title companies whether they accept an out‑of‑state probate or require an Oklahoma ancillary appointment to release funds or transfer title.
• Small estates: look for simplified procedures in the state where the asset is located; sometimes a small‑estate affidavit avoids full probate.
• Get legal help if there are multiple states involved. Multi‑jurisdictional estates raise technical issues (conflicts of law, bond requirements, filing fees) that are easier and faster with experienced counsel.
• Be mindful of deadlines for creditor notices and tax filings in each relevant state.