A loved one passing away can be a trying time for their close family and friends. The added stress of dealing with their estate can make the grieving period even harder. Dealing with probate matters like real estate, trusts, and estate taxes is the last thing on your mind.
With years of experience as probate lawyers in Oklahoma City at Robertson & Williams, we understand how challenging this time can be for you. Therefore, we provide you with legal counsel that guides you through the entire process – from estate planning to probate proceedings and trust administration.
What is the Probate Process and Probate Administration?
Probate is the formal legal process that includes proving the will (if existing) and distributing the assets of a deceased person to his or her beneficiaries (if the deceased had a will) or to his or her heirs under Oklahoma law (if the decedent died without a will).
As one of Oklahoma City’s premier law firms, Robertson & Williams is devoted to assisting our clients in administering and distributing the estate of the decedent in an expeditious manner. Our probate services include:
- Probate of wills for Oklahoma residents
- Ancillary probates for out-of-state residents owning property in Oklahoma
- Intestate administration
- The preparation of documents to transfer the assets of the decedent.
Our OKC-based probate lawyers and estate attorneys guide our clients through the entire probate process. This includes the paperwork and court appearances. We want our clients to understand the Oklahoma probate process and can make informed decisions throughout.
The Probate Process:
It’s easy to assume that if someone left a will, they’d like respect for their wishes. First, however, one must prove the will in court and then distribute the assets accordingly. A general overview of the probate process in Oklahoma is:
- A petition for a hearing date need is set. All interested parties need are given the notice to appoint a personal representative and admit the Will if one exists.
- The will is admitted to probate and a personal representative appointed.
- The personal representative gives notice to the creditors of the deceased individual within two months.
- Tax returns are filed as necessary.
- A petition for the final distribution of assets is filed, and heirs are notified of the date.
- The final hearing to obtain the order for the distribution of assets.
This is a simplified view of a typical probate process. However, it can turn into a lengthy and expensive process. Factors such as the size of the estate, number of heirs, debts or debtors, and real estate or oil and gas interests can make the probate process longer.
While the law does not require the personal representative to hire legal counsel, we recommend hiring an experienced Oklahoma probate lawyer. We recommend this to ensure that all legal requirements are met in a timely manner.
Trust Administration:
In addition, we offer efficient trust administration. This includes termination proceedings, distribution of assets, and other matters that may arise. Our probate lawyers and estate planning attorneys guide trustees through their fiduciary duties. They also help them administer and distribute the assets to the proper beneficiaries.
You can rest assured that our attorneys at Robertson & Williams will guide you through every step of the Oklahoma probate process. If you’ve never consulted an attorney before and do not know what to expect, check out our free guide on what to expect from a lawyer-client relationship.
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