Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a decedent’s assets sit in multiple counties or states, you must coordinate probate in each jurisdiction. Oklahoma law provides a primary administration in the decedent’s home county and ancillary administration where out-of-state or out-of-county assets lie.
1. Determine the Home County Probate
Oklahoma’s venue for opening probate lies in the county where the decedent was domiciled at death. See Title 58 O.S. § 24 (venue) (Justia: Part 2 – Venue & Jurisdiction). File the original will (if any) and petition for administration there.
2. Inventory Assets by Jurisdiction
List real estate, bank accounts, securities and personal property. Note the county or state where each asset is located. This inventory guides whether ancillary probate is necessary.
3. Open Ancillary Administration
If the estate holds real property or tangible assets outside the primary venue, you must open ancillary administration in each relevant jurisdiction. Oklahoma recognizes ancillary administration under Title 58 O.S. § 211 et seq. (Justia: Subtitle 3 – Ancillary Administration).
- Petition to appoint an ancillary administrator.
- Show the letters testamentary or administration from the primary probate court.
- File local bond and oath as required by the ancillary court.
4. Coordinate Duties Between Courts
The primary and ancillary administrators share information. The ancillary administrator cannot distribute local assets until receiving authority from the primary executor or administrator. This authority appears through certified court documents and a copy of the primary letters.
5. Close Each Estate Separately
File final accounting and petition for discharge in the ancillary courts once those assets distribute. Then return to the primary court for a global closing once all ancillary proceedings conclude.
Helpful Hints
- Start early: Ancillary proceedings add time. Begin asset research promptly.
- Keep detailed records: File receipts, inventories and court filings for each jurisdiction.
- Consider bonding: Local courts often require a bond for ancillary administrators.
- Use standardized forms: Many Oklahoma counties provide probate forms online.
- Consult local counsel: Rules vary by county and state for ancillary proceedings.