Detailed Answer
Under Oklahoma’s intestate succession laws, when a person dies without a valid will (“intestate”), the state’s probate code governs how the estate distributes. Title 84 of the Oklahoma Statutes outlines these rules. The process ensures the decedent’s property passes to close relatives in a fair order of priority.
Applicable Statute
Oklahoma’s intestate succession rules appear in 84 O.S. § 213. 84 O.S. § 213 defines the hierarchy of heirs and their shares.
Distribution When There Is No Spouse and Two Children
If the decedent has no surviving spouse but leaves two children, the entire estate passes equally to the children. Under 84 O.S. § 213(A)(2), descendants inherit “per capita.” Each child receives one-half of the intestate estate.
Example: Jane Doe dies intestate owning a home and savings. She has two adult children and no spouse. Under Oklahoma law, each child inherits 50% of her estate. If one child predeceased Jane but left children of their own, that child’s descendants would split their parent’s share equally (per stirpes).
Probate Process Overview
- File a Petition for Letters of Administration in the county where the decedent lived.
- The court appoints a personal representative (administrator) to manage the estate.
- The administrator identifies assets, notifies creditors, and pays valid debts.
- After debts are settled, the administrator distributes remaining assets to heirs under 84 O.S. § 213.
- Finally, the administrator files a final accounting and closes the estate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Oklahoma for advice on your specific situation.
Helpful Hints
- Obtain multiple certified copies of the death certificate early.
- List all assets and debts before filing probate.
- Locate birth certificates or adoption records for all heirs.
- File the administration petition promptly to avoid delays.
- Keep detailed records of estate transactions and distributions.