Disclaimer: This article provides general information on Oklahoma probate procedures. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When a person dies in Oklahoma, the personal representative (also called executor) must notify creditors and handle claims against the estate. Proper notice protects the estate from unknown claims and lets you close probate efficiently. The main steps under Oklahoma law are:
1. Obtain Letters of Administration or Testamentary
• File a probate petition in the district court where the decedent lived.
• The court issues Letters of Administration (no will) or Letters Testamentary (with will).
• This appointment gives legal authority to act on behalf of the estate.
2. Identify Known Creditors
• Review the decedent’s financial records, mail, email and safe deposit box.
• List all individuals, businesses and government entities owed money.
3. Provide Direct Notice to Known Creditors
• Within two months of receiving Letters, send each known creditor a written notice of administration by first-class mail.
• Include the estate case number, your contact information, and a deadline to file claims.
• Deadline for known creditors to file: two months from receipt of notice.
4. Publish Notice to Unknown Creditors
• Publish a legal notice in a local newspaper once a week for four consecutive weeks.
• This informs creditors you cannot identify personally.
• Statutory authority: 58 O.S. §612.
5. Review and Process Claims
• Creditors file proof of claim forms with the court clerk before deadlines expire.
• Known creditors: deadline is two months after direct notice.
• Unknown creditors: four months after the first publication. See 58 O.S. §617 for filing deadlines.
• As personal representative, you must allow or reject each claim in writing. If you reject, include reasons.
6. Handle Disputed Claims
• A creditor may petition the court if you disallow their claim.
• The court sets a hearing. The judge decides whether to allow the claim in whole or in part.
• Until all claim disputes resolve, you cannot distribute estate assets.
7. Pay Approved Claims
• Pay allowed claims from estate assets in the order required by statute (administration costs, funeral expenses, taxes, then other debts).
• Keep detailed records of payments and remaining assets.
8. Close the Estate
• File a final accounting and petition for discharge once all claims and distributions are complete.
• Obtain court order discharging you as personal representative.
Helpful Hints
- Keep a detailed creditor list and track all deadlines on a calendar.
- Use certified mail for direct notices to prove receipt.
- Save copies of publication notices and affidavits from the newspaper.
- Consult a probate attorney if claims exceed estate assets or involve complex disputes.
- Maintain a separate bank account for estate transactions to simplify accounting.