Can I open an estate and become the personal representative if I am the mother-in-law? – OK
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. Under Oklahoma probate law, the court follows a strict order of priority when appointing a personal representative to administer a decedent’s estate. That order is set out in 58 O.S. […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Oklahoma?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer 1. Overview of Intestate Succession in Oklahoma When a person dies without a will in Oklahoma, their estate passes by intestate succession under Title 84 of the Oklahoma Statutes […]
Read article →How Does an Executor Obtain an EIN for the Estate in Oklahoma?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer: How an Executor Obtains an EIN for an Oklahoma Estate An executor (sometimes called a personal representative) must secure an Employer Identification Number (EIN) for a decedent’s estate to open estate bank accounts, file tax returns, and manage assets. Under […]
Read article →What is the difference between common and solemn form probate in Oklahoma?
Detailed Answer Oklahoma law provides two primary probate tracks often compared to “common” (informal) and “solemn” (formal) forms. Each path suits different circumstances based on estate size, family agreement, creditor issues and need for court oversight. Informal (Common) Probate Under 58 O.S. § 913, an informal probate allows a personal representative to begin administration without […]
Read article →Do I Have to List Personal Property Assets When Completing a Year's Allowance in Oklahoma?
Detailed Answer Under Oklahoma law, a surviving spouse or minor children may claim a “year’s allowance” from the decedent’s personal property to support themselves for one year following death. This allowance is governed by 58 O.S. § 341 and § 342, which direct the court to set aside a reasonable portion of personal property up […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Oklahoma
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Detailed Answer When you hire an attorney for initial probate representation in Oklahoma, the engagement agreement should clearly list the services the lawyer will perform before additional fees apply. Under the Oklahoma Probate […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in Oklahoma?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance specific to your situation. Detailed Answer Under Oklahoma law, an interested person may petition the probate court to remove a personal representative (formerly called an administrator) for cause. Title 58 of the Oklahoma […]
Read article →How Can I Request an Extension for Filing a Final Accounting in Probate in Oklahoma?
Detailed Answer Under Oklahoma probate law, an executor or administrator must file a final accounting to show how estate assets were managed and distributed. If you need more time, you can ask the court for an extension by filing a formal Motion for Extension of Time. 1. Know the Deadline for Final Accounting By statute, […]
Read article →Do I need to open an estate to pursue a wrongful death involving a car accident in Oklahoma?
Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer In Oklahoma, only a decedent’s personal representative may file a wrongful death claim after a car accident. Under the Oklahoma Wrongful Death Act (12 O.S. § 1053), the personal […]
Read article →How to Apply for Letters of Administration in Oklahoma and What AOC Forms Are Required
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. What Are Letters of Administration? Letters of Administration are court documents that empower an individual (the “administrator”) to manage and distribute the estate of someone who died without […]
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