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- A: Yes. If the cumulative value of a deceased person’s probate personal property (not including real estate) that would otherwise go through probate court is less than $50,000, that probate property can be obtained by the deceased person’s successors by the use of a Small Estates Affidavit and thus avoid probate.
www.okbar.org/freelegalinfo/probate/
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The affidavit can be used whether the decedent had a last will and testament or not. But the total value of the Oklahoma estate of the decedent must be under $50,000. An “estate,” as used in the statute, does not include any property that would not be subject to probate.
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An affidavit of tangible personal property can be used whether the decedent had a last will and testament or not, as long as no one has filed a petition for the appointment of a personal representative.
Basic Probate Procedures. By Sheila Southard. Vitalii Vodolazskyi | #428768186 | stock.adobe.com. A client has come to you because a family member, a resident of Oklahoma, has recently passed away owning real or personal property in Oklahoma that will require a probate proceeding to change ownership.
Aug 8, 2022 · Small Estate Affidavits can be filed by successors in Oklahoma to claim personal property like bank accounts, personal property, life insurance, stocks, or vehicles of decedents who owned property in the state and died without leaving a last will and testament.
May 19, 2022 · In Oklahoma, a small estate affidavit is used in certain circumstances to allow heirs to avoid the probate procedure. This affidavit is a probate form that is a legal document where you swear under the penalty of law that you are entitled to receive a specific asset from the decedent’s estate.
What happens to the estate assets if the decedent dies without a Will? Is an attorney required to probate an estate? What are some common steps in the probate process? How long does it take to probate an estate?
May 26, 2022 · Small estate affidavits can be used with small estates where the decedent’s assets are worth $50,000 or less, not including real property such as a home. They can be used by the surviving spouse, heirs, beneficiaries, and the personal representative. In the full probate action, the probate proceeding is started by: Filing an application for ...