Detailed Answer

In Oklahoma, some real property transfers bypass probate and pass directly to surviving owners or beneficiaries. However, other real estate assets owned solely by the decedent still require probate to clear title. Understanding the difference helps you determine when a will must be probated.

1. Automatic Transfer Methods for Real Property

• Joint Tenancy with Right of Survivorship: When two or more people hold property as joint tenants, the deceased’s share passes immediately to the surviving joint tenant(s) without probate. See 60 O.S. § 91 (Title 60).
• Tenancy by the Entirety: Married couples may hold property this way. On the death of one spouse, full ownership vests in the survivor automatically. See 60 O.S. §§ 91–98 (Title 60).
• Transfer on Death (TOD) Deed: Under the Oklahoma Transfer on Death Act, a deed can name a beneficiary who receives title upon the grantor’s death without probate. See 58 O.S. § 1090.21 et seq. (Title 58).

2. Why Probate Is Required for Other Real Property

Real estate held solely in the decedent’s name or in forms not providing a right of survivorship must go through probate. Probate serves to:

• Validate the decedent’s will and ensure it’s genuine. (58 O.S. § 213; Title 58).
• Identify and notify heirs and creditors.
• Settle debts and taxes against the estate.
• Distribute remaining assets pursuant to the will or Oklahoma’s intestacy statutes.

3. Small Estate Procedures

If the decedent’s real and personal property total less than $50,000, heirs may use an affidavit of small estate instead of full probate. That process is faster and less costly. See 58 O.S. §§ 217–218.1 (Title 58).

4. Clearing Title After Probate

Even when probate is required, once the personal representative obtains court approval, they record an order confirming distribution. This order (often termed a “decree of distribution”) clears any cloud on the title, allowing buyers or lenders to recognize the new owner.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney for guidance on your specific situation.

Helpful Hints

• Review how your property is titled: joint tenancy, tenancy by entirety, or sole ownership.
• Consider a Transfer on Death deed to avoid probate for individual real estate parcels.
• Consult probate deadlines: in Oklahoma, you should file a will for probate within four years of death. (58 O.S. § 246).
• Use the small estate affidavit procedure if the estate qualifies to expedite transfer.
• Keep copies of deeds, mortgage statements, and beneficiary designations in an accessible location.