Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Understanding Intestate Succession in Oklahoma
When a person dies without a valid will in Oklahoma, their property passes according to state law under 84 O.S. § 213. The estate administrator distributes assets to heirs in a set order: spouse, children, parents, siblings, and more distant relatives if no closer kin exist.
Step 1: Open a Probate Case
Heirs or a close family member must file an Application for Probate with the county court. This process appoints an administrator who handles estate matters. Oklahoma Probate Code procedures begin under 58 O.S. § 301.
Step 2: Determine Heirs
The court issues a Decree of Determination of Heirs after reviewing evidence of family relationships. This decree identifies everyone legally entitled to a share of the property.
Step 3: Obtain Letters of Administration
Once appointed, the administrator receives Letters of Administration. These documents grant authority to manage estate assets, including real property.
Step 4: Transfer and Record Title
The administrator prepares a deed transferring the inherited home to the heirs as directed by the intestate succession statutes. All heirs sign the deed, which must then be recorded in the county clerk’s office to complete the title transfer.
What If Heirs Disagree?
If heirs cannot agree on distribution or sale of the property, any heir may file a partition action in district court. The court can order sale or physical division of the property.
Helpful Hints
- Review Oklahoma’s intestate succession schedule in 84 O.S. § 213 before probate.
- Consult a real estate title company to verify any liens or encumbrances.
- Keep detailed records of all filings, court orders, and property appraisals.
- Consider a homestead allowance for a surviving spouse or minor children under 84 O.S. § 45.
- Explore simplified procedures for small estates if the estate’s personal property value is under $50,000 (58 O.S. § 49), though real property often still requires full probate.