Detailed answer — how the process works in Oklahoma

1. Identify the form of ownership

Start by confirming how the property is owned. The deed tells you whether owners hold the property as:

• Joint tenants with right of survivorship: when one owner dies, their interest typically passes automatically to the surviving owner(s).
• Tenants in common: each owner holds a separate share. If one owner dies, their share passes by will or intestacy to heirs — not automatically to the other co-owners.

Locate the deed at the county recorder/treasurer or clerk’s office where the property is located. That deed determines who currently has title and whether probate will be required.

2. If a co-owner recently died: does probate apply?

If the deceased owned a share as a tenant in common, that deceased owner’s share typically becomes part of their probate estate. The personal representative (executor/administrator) manages the estate and can propose selling estate assets to pay funeral bills and other debts. Oklahoma’s probate statutes govern estate administration and the sale of estate assets. See the Oklahoma statutes on probate administration (Title 58) for details: Oklahoma Statutes, Title 58 (Probate).

3. Options to raise money to pay funeral and tax bills

• Agreement among co-owners: the fastest, least costly path is when all co-owners agree to sell the property or one owner agrees to buy out the others. Agreeing owners sign a deed and split net proceeds according to their ownership shares.
• Sale by the estate: if the deceased’s share is part of probate, the personal representative may sell estate property or request court approval to sell the real estate to pay debts (including funeral expenses and taxes). Probate rules (Title 58) set out how estates pay creditors and how sale approvals work: Oklahoma Statutes, Title 58 (Probate).
• Partition action (court-ordered sale): when co-owners cannot agree, any co-owner may ask the district court to partition the property. If the court finds physical division (partition in kind) impractical, it will order a sale and divide proceeds among owners according to their shares. Partition procedures are part of Oklahoma civil procedure rules — see the civil statutes for actions in district court (Title 12): Oklahoma Statutes, Title 12 (Civil Procedure).
• Mortgage or lien considerations: existing mortgages or liens (including a tax lien for unpaid property taxes) must be addressed at sale. Mortgage lenders typically require payoff. Unpaid property taxes may result in county tax liens or tax-sale procedures; contact the county treasurer for exact delinquency processes.

4. Practical sequence of steps to follow

1. Obtain the deed and the title history at the county recorder to confirm owners and form of ownership.
2. If a co-owner died, get the death certificate copy and ask whether an estate has been opened. If not, someone (often an heir) may need to open probate so a personal representative can act.
3. Talk to the other co-owners. If they agree, decide whether to list the property for sale, sell “as is,” or arrange a buyout.
4. Get a market appraisal and determine outstanding obligations: mortgage balance, property taxes due, special assessments, and other liens.
5. If co-owners cannot agree, consider filing a partition action in district court to force a sale. Partition is a court remedy when voluntary sale is impossible.
6. If the property is in probate, the personal representative should notify creditors and may petition the court to sell property to satisfy funeral expenses and taxes. Funeral bills are generally treated as estate debts and may be paid out of estate assets before distribution to heirs.
7. Before selling, confirm how proceeds will be distributed and whether court approval is required (common in estate sales or court-ordered partitions).

5. Timing and costs

Voluntary sales (all owners agree) are usually quickest: listing to closing can be a matter of weeks to months. Probate sales and partition actions take longer — months to over a year depending on court schedules, notice requirements, and complexity. Court filing fees, attorney fees, appraisal costs, closing costs, and commissions reduce net proceeds; parties often negotiate fee payment or seek court orders allocating costs.

6. Dealing with urgent property tax bills or pending tax-sale

If property taxes are delinquent, contact the county treasurer or tax office immediately to learn the delinquency timeline, penalties, and redemption possibilities. Sometimes owners can arrange a payment plan or pay just enough to prevent a tax sale while they pursue a sale or probate process.

7. When to hire an attorney

Consider a lawyer if:

• Co-owners disagree and you may need a partition action.
• The deceased’s estate must be administered in probate.
• There are mortgages, liens, or complex title issues.
• You need to petition the court to authorize a sale of estate property.

A lawyer can explain how Oklahoma statutes apply to your facts, prepare pleadings for probate or partition, and protect your share of proceeds.

Key Oklahoma statute areas to review

• Probate and administration of estates: Oklahoma Statutes, Title 58: https://www.oklegislature.gov/osstatuestitle.html?title=58
• Civil procedure and actions in district court (including partitions): Oklahoma Statutes, Title 12: https://www.oklegislature.gov/osstatuestitle.html?title=12

Important: statutes and local court rules set exact procedures and notice requirements. The links above lead to the Oklahoma Legislature’s statute titles where you can locate the specific provisions that apply to probate sales and partition actions.

Disclaimer: This information is general and educational only; it is not legal advice. For advice tailored to your situation, consult a licensed Oklahoma attorney before taking action.

Helpful Hints

• Gather documents first: deed(s), mortgage statements, tax notices, death certificate (if applicable), will (if any).
• Contact the county treasurer or tax office to confirm current tax status and deadlines.
• Talk with co-owners early — voluntary resolution saves time and money.
• Get a professional appraisal or broker price opinion before agreeing to a sale or buyout.
• If probate applies, notify the funeral home and creditors promptly and open an estate administration as needed.
• Consider mediation before filing a partition action — courts often encourage settlement.
• Be aware of liens: unpaid taxes, mortgages, and judgments follow the property and must be resolved at sale.
• Keep careful records of payments made toward taxes or funeral costs if you expect reimbursement from estate proceeds or co-owners.
• Ask about short-term solutions (tax payment plans or temporary loans) to avoid county tax-sale while you arrange a sale.