Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
Overview of Oklahoma Intestate Succession
Under Oklahoma law, when someone dies without a valid will (intestate), state statutes govern how the estate distributes. Title 84 of the Oklahoma Statutes sets out these rules in Chapter 2, Subchapter 1. Specifically, 84 O.S. § 213 provides that if a decedent leaves descendants but has no surviving spouse, the entire estate passes to the descendants by representation.
Who Qualifies as a Descendant?
“Descendants” means children, grandchildren, and further lineal descendants. Each child of the decedent stands equally in line to inherit.
Per Capita vs. Per Stirpes Distribution
Oklahoma uses per stirpes (by representation). This method ensures that if any child predeceased the decedent leaving their own children, those grandchildren would inherit their parent’s share. In your scenario, all three children survive the decedent, so each child inherits one-third of the estate.
Statutory Reference
See 84 O.S. § 213 (Disposition of estate when decedent leaves descendants but no spouse).
Probate Process
1. A family member or interested party files an application for probate in the district or county court of the county where the decedent resided.
2. The court appoints a personal representative (administrator) to manage and distribute assets according to 84 O.S. §§ 231–232. They will inventory assets, pay debts and taxes, then distribute the remainder to heirs.
Helpful Hints
- Document family relationships: birth certificates and adoption papers confirm descendant status.
- Locate all assets: bank accounts, real estate, and personal property must be inventoried for probate.
- Obtain death certificate: required to open probate.
- Consider formal legal counsel: probate rules can be complex, especially with creditors.
- Keep beneficiaries informed: share updates and distributions to avoid disputes.