Do I need to include assets that passed by right of survivorship to my mother on the Oklahoma probate inventory?

Short answer: In most cases, no. Assets that automatically pass to a surviving joint owner (by right of survivorship) or to a named beneficiary (payable-on-death, transfer-on-death) generally pass outside probate in Oklahoma and are not property of the decedent’s probate estate, so they usually do not need to be listed as estate assets on the probate inventory. However, you should document them and be aware of situations when they might still matter to the probate process.

Detailed answer — how this works in Oklahoma

When someone dies, assets can pass in two broad ways:

• Through probate — assets titled solely in the decedent’s name become part of the probate estate and must be inventoried and administered under the Oklahoma Probate Code; and
• Outside probate — assets that have a survivorship feature or a valid beneficiary designation (for example, joint tenancy with right of survivorship, tenancy by entirety, payable-on-death (POD) accounts, or transfer-on-death (TOD) arrangements) typically transfer immediately to the survivor or beneficiary and do not become probate property.

Examples:

• If a bank account is titled “John Doe and Mary Doe, JTWROS” and John dies, the account usually belongs to Mary immediately by right of survivorship and is not estate property to be probated.
• If a brokerage account lists a named beneficiary or has a POD designation naming your mother, the funds go to the beneficiary outside of probate.

Because these assets pass outside probate, they are generally not included on the formal probate inventory that the personal representative files for estate property. Instead, the personal representative typically inventories assets that are subject to administration — assets owned solely by the decedent when they died.

When you should still mention survivorship assets in probate paperwork

Even though survivorship assets usually do not belong on the probate inventory as estate property, there are reasons to document them:

• Clarity for the court and creditors — listing nonprobate assets and noting they passed by survivorship can help the court and creditors understand the estate’s size and avoid disputes.
• If the personal representative controls an account temporarily (for example, the bank freezes it or requires probate paperwork), you may need to report that custody and explain why it is not estate property.
• If the survivorship designation is disputed, or the transfer was made shortly before death, a court may examine the transfer and could potentially set it aside in some circumstances.

When survivorship transfers might be challenged

Survivorship or beneficiary designations may be challenged in probate or other court proceedings for reasons such as:

• The joint-title or transfer was created by fraud, undue influence, or duress.
• The transfer was made as a deliberate attempt to defeat legitimate creditor claims and may be voidable under applicable law.
• The formal requirements for the beneficiary designation or transfer-on-death instrument were not met.

In those situations, the asset could be treated as estate property and would then be included in the inventory and administered under the probate process.

Practical steps to take in Oklahoma

1. Confirm title and beneficiary designations. Obtain account statements, the deed, and any documentation that shows how each asset was titled or whether it names a beneficiary.
2. Obtain certified copies of the death certificate. Financial institutions and county offices typically require certified copies to change title or release funds.
3. Ask the probate court clerk what must be filed. Local practice can vary. The clerk can tell you what the inventory must include and whether the court expects a note about nonprobate assets.
4. Document nonprobate assets. When you prepare the inventory, consider attaching a short schedule or declaration that lists assets that passed outside probate by survivorship or beneficiary designation and state that they are not probate estate property.
5. Be cautious if transfers occurred shortly before death. If a joint account or deed was created very recently, obtain legal advice because creditors or heirs might challenge it.
6. Keep clear records. Save communications with banks, beneficiary forms, deeds, and any written explanation of why each asset is (or is not) estate property.

Relevant Oklahoma law and resources

Oklahoma’s statutes governing wills, trusts, and estate administration appear in Title 58 (Wills, Trusts and Administration). For general probate rules and inventory requirements, see the Oklahoma statutes at the legislative website:

Oklahoma Statutes, Title 58 — Wills, Trusts and Administration

Because statutes and local probate procedures can affect what must be filed or disclosed, check the probate rules for the county where probate is opened and consider consulting an attorney licensed in Oklahoma for case-specific guidance.

When to talk with an Oklahoma attorney

Contact an Oklahoma probate attorney if any of the following apply:

• Someone disputes the survivorship designation.
• Assets were retitled shortly before death and you suspect avoidance of creditors or undue influence.
• You are unsure which assets belong in the probate estate or how to complete the required probate inventory and filings.

Disclaimer: This article explains general principles under Oklahoma law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Oklahoma attorney.