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This article explains the purpose, cost, timeline, and process of an ancillary probate in Oklahoma. The purpose is transferring title to out-of-state property. The cost is generally $2,500 to $5,000. The timeline is 6-8 weeks.
- rjones5757
Aug 1, 2020 · What is ancillary probate? Ancillary probate is the probate process applied to property owned by a resident of another state. When a resident of State A dies owning property in State B, ancillary probate is the procedure used by State B to distribute the non-resident’s property to his or her heirs.
- Matt Fleischer
- matt@fleischerfirm.com
- (405) 338-7679
An ancillary probate action is a type of probate lawsuit by which the court can help determine who should own Oklahoma property left behind when a non-resident dies. The lawsuit is filed in a county court in the county where the deceased person owned property.
A narrow definition of an ancillary probate in Oklahoma is one performed under this statute. Sometimes you will hear the phrase ancillary probate used in a more general sense to describe any estate proceeding in another state besides the domiciliary home state.
May 15, 2024 · Oklahoma has an ancillary statute at 58 Okla. Stat. §677. Under this section, an ancillary proceeding may be commenced in Oklahoma if the following three documents are available from the decedent’s domiciliary probate: • A certified copy of the will. • A certified copy of the order admitting the will to probate.
Nov 14, 2017 · Ancillary probate is a secondary probate proceeding that takes place in a different location from that in which the deceased person (the decedent) lived. Ancillary probate is necessary if someone owns property in two or more different states.
Jan 19, 2024 · Ancillary Probate Proceeding: Employed when the deceased maintained residency in another state but owned real property in Oklahoma. This proceeding complements the original probate by incorporating essential documents to conclude matters related to real property within the state.