Oklahoma Probate

The Oklahoma City law firm of Anthony C. Galier, P.C. offers a wide range of services to cover all aspects of the probate of wills and the administration of a decedent's estate. Mr. Galier handles both contested and non-contested (agreed) probates. As a CPA, Mr. Galier is well versed in the financial and tax aspects of probate and estate administration. You will be pleased with the personal attention given to you and your Oklahoma probate case.

Here is some information about Probate and the Oklahoma Probate Process.

Strictly speaking, probate is the court supervised process of proving the will of a deceased person (a decedent).  However, in general usage, the term probate has come to be understood as the legal process whereby a person's property is administered and distributed following their death, such that their affairs and obligations are concluded.  The process of probate usually includes establishing the validity of a will, appointing an executor or personal representative, determining the heirs of the decedent and beneficiaries of the decedent's estate, gathering and valuing the decedent's probate assets (the estate), determining and settling the debts of the decedent, wrapping up the affairs of the decedent, paying tax obligations if any, and distributing the remaining assets of an estate. 

Probate proceedings come in all types.  Probate can be complicated, contested, and lengthy.  However, probate can also be relatively simple, agreed, and fairly short.  The facts and relations of an individual decedent's case will determine the ultimate character of that decedent's probate.  Since probate is a court proceeding, representation by a qualified attorney or law firm, like Anthony C. Galier, P.C., is advised.  Mr. Galier can explain and simplify probate for you.

Probate in Oklahoma is usually necessary for the following reasons:

• to determine and collect the property and assets owned or titled in the decedent's name (the estate);
• to determine who is entitled to share in the probate estate and distribute the property to the proper parties;
• to pay debts and taxes which are properly charged against the probate estate;
• to protect the property of the probate estate; and,
• probate provides a method to maintain a clear chain of title to real estate and other record ownership property, thereby giving assurances of the legal transfer of such probate property.

In Oklahoma, the executor or personal representative is usually responsible for:

• taking possession of, protecting and conserving the real and personal property of the estate;
• collecting incomes, rents, payments, and debts due the estate, including interest, dividends, claims and promissory notes;
• identifying the names, ages, residence and relationship of all possible heirs, including those entitled to homestead property;
• setting aside and homestead property for the benefit of the decedent's surviving spouse and/or minor children;
• determining and paying outstanding debts, including taxes; and,
• carrying out the orders of the District Court regarding the probate estate, including the final distribution of the probate estate to the proper parties.

Primarily, the executor or personal representative winds up the affairs of the deceased and closes the probate estate in an orderly manner.

As discussed above, probate is a court proceeding.  Every action taken by the personal representative is subject to the scrutiny and approval of the judge.  Ultimately, a personal representative is liable for any probate funds or assets coming into his/her possession.  Probate proceedings and an executor's duties generally require preparing and filing of numerous legal documents, giving notices by publication, appearing before to make requests, offer evidence to, and seek the approval of the District Court, obtaining appraisals of probate property, preparing state and federal income tax returns and any required gift and estate tax returns, preparation and presentation of an accounting of a probate estate's funds, distributing the probate property, and seeking a final discharge of the executor.

There are provisions in the Oklahoma Probate Code for a judge to waive certain requirements, under specific circumstances.  However, there are advantages and disadvantages of using such waiver procedures.  Representation by an experienced probate attorney or law firm, like Anthony C. Galier, P.C., is advised.  We can help identify which probate procedures are advisable or necessary for your circumstances.

Non probate assets are assets or funds which do not pass according to a decedent's will and are not included in the probate estate.  Usually these include assets or funds which pass under the terms of a contract.  These assets include: insurance proceeds, pension and retirement benefits, payable on death designations, and trusts.  In addition, property passing under the terms of other non probate law is not included in a probate estate.  This type of non probate assets include property held in joint tenancy.  However, non probate property may have estate and income tax concerns.  Additionally, proper and efficient transfer of these assets may require considerable effort.  As an experienced attorney and CPA, Mr. Galier can assist in the disposition of these non probate assets as well.