Understanding Intestacy in Oklahoma
If someone dies without a valid will in Oklahoma, they are considered intestate. Oklahoma’s intestacy statutes govern how the estate distributes.
Detailed Answer
What Is Intestacy?
Dying intestate means the person did not leave a legally valid will directing the distribution of assets. In that case, state law steps in to decide heirs.
Oklahoma Intestate Succession Rules
Under Oklahoma law, Title 84 O.S. § 213 governs intestate distribution. Key rules include:
- Spouse and Descendants: If a decedent leaves a spouse and descendants from that marriage, the spouse receives the first $50,000 of the estate’s personal property plus household furniture. The spouse also gets one-half of the balance. The descendants share the remaining half equally (84 O.S. § 213).
- Spouse with No Descendants: If no descendants survive, the spouse inherits the entire estate.
- Descendants Only: If no spouse survives, all assets pass equally to descendants.
- No Spouse or Descendants: Assets go to parents; if none, to siblings; if none, to more distant relatives. If no heirs exist, the estate escheats to the county (84 O.S. § 208).
Example Scenario
Suppose John dies intestate in Tulsa County, survived by his wife and two children. His estate includes $200,000 in personal assets after debts. Under 84 O.S. § 213, his wife takes $50,000 plus household furniture and one-half of the remaining $150,000—that is $75,000. The two children split the other $75,000, receiving $37,500 each.
Claiming Your Share
- Obtain a certified copy of the death certificate.
- Locate estate assets and debts.
- File an application for administration with the county probate court.
- List all potential heirs and notify them.
- Distribute assets according to statute, with court approval.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consulting a qualified attorney can help protect your rights.
Helpful Hints
- Review 84 O.S. §§ 207–225 for full intestacy rules.
- Check for a homestead allowance and family allowance.
- Gather all asset records before filing probate applications.
- Notify all possible heirs to avoid disputes.
- Consider mediation if family conflicts arise.