Disclaimer: This article provides general legal information under Oklahoma law and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Oklahoma, a person seeking probate must file the original will with the district court in the county where the decedent last resided. If you only have a filed copy of a will previously offered for safekeeping, you may also submit that copy, but the court prefers the original document.
- Locate the Original Will or Filed Copy. Check with the decedent’s attorney, bank safe-deposit box, or wherever the testator kept estate documents. Attorneys often hold original wills for safekeeping.
- Obtain a Certified Copy (if needed). If the original is already filed in court, request a certified copy from the district court clerk’s office. Certified copies carry the court’s seal and signature.
- Prepare Your Probate Petition. Complete the probate petition form for admitting a will to probate in Oklahoma. This petition must accompany the will. Under 58 O.S. § 23, you must file the petition and deposit the original will with the clerk within 30 days of learning of the decedent’s death.
- File with the District Court Clerk. Submit the petition and the original will (or certified copy) in person or by mail to the district court clerk in the county of venue. The clerk stamps the document as “filed” and assigns a probate cause number.
- Notify Interested Parties. After filing, notify heirs and beneficiaries as required by 58 O.S. § 101. This includes sending formal notice of the probate hearing.
- Address a Lost or Destroyed Will. If the original will is lost or destroyed, file a copy plus a petition explaining the loss. Provide evidence of the will’s contents and execution under 58 O.S. § 191. The court may admit the will if satisfied of its validity.
Once the court admits the will, it appoints a personal representative to administer the estate. The admitted will guides asset distribution as set forth by the testator.
Helpful Hints
- Keep the original will in a safe, fireproof location or with a trusted attorney.
- Obtain certified copies early to avoid court delays.
- File within 30 days to prevent late-petition penalties under 58 O.S. § 23.
- Include an affidavit of service when notifying heirs to prove compliance.
- Consult court clerks for local filing deadlines and fees.
- If you suspect fraud or undue influence, disclose this in your petition and gather supporting evidence.