Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
Gathering key information and documents before a loved one’s passing can significantly streamline the probate process in Oklahoma. Probate in Oklahoma is governed by Title 58 of the Oklahoma Statutes (see Title 58: https://www.oklegislature.gov/osstatuTes/title58.html), which outlines the requirements for probating estates, filing wills, and administering assets.
1. Last Will and Testament
Locate the original will and any codicils or amendments. Under 58 O.S. § 309, a will can be deposited with the court clerk before death to ensure safe keeping: 58 O.S. § 309.
2. Trust Documents
Include any revocable or irrevocable trust agreements. List trustees, beneficiaries, and the trust’s assets.
3. Beneficiary Designations
Gather life insurance policies, retirement account statements (e.g., 401(k), IRA), annuities, and any pay-on-death (POD) or transfer-on-death (TOD) designations.
4. Real Estate and Vehicle Titles
Collect deeds for real property, mortgage statements, vehicle titles, and registration papers.
5. Financial Accounts
Compile bank statements, investment account records, safe deposit box information, and online banking credentials.
6. Insurance Policies
Locate copies of life insurance, health insurance, long-term care, homeowners, and automobile insurance policies.
7. Personal Identification Documents
Assemble birth certificates, marriage certificates, social security cards, passports, and military discharge papers.
8. Digital Assets
Inventory usernames, passwords, digital wallet keys, email accounts, social media profiles, and cloud storage access.
9. List of Debts and Liabilities
Document credit card statements, personal loans, lines of credit, tax obligations, and any judgments or liens.
10. Funeral and Burial Instructions
Include any pre-paid funeral contracts, burial plots, organ donation cards, and final wishes.
Helpful Hints
- Store documents securely, such as in a fireproof safe or sealed envelope, and let your executor know the location.
- Use a trusted digital password manager to keep login information safe and accessible.
- Review and update documents periodically, especially after major life events (marriage, divorce, birth of children).
- Consider filing the will with the county court clerk under 58 O.S. § 309 to protect the original.
- Provide your executor and family members with a summary or checklist of where to find each document.
- Consult with an estate planning attorney to ensure documents comply with Oklahoma law.