ANCILLARY PROBATE IN OKLAHOMA

 

Conference-1+325wOklahoma law (Title 58, Oklahoma Statutes, ァ677) allows a streamlined probate for a non-resident decedent whose estate has been probated in another state.  For a non-resident who dies without a will but whose estate was administered in the state of domicile, a petition is filed in the Oklahoma court with a certified copy of the order appointing the personal representative, distributing the estate and determining heirs.  The petition is set for hearing and notice is given and if there are no objections the Oklahoma court will enter an order distributing the Oklahoma property in accordance with the Oklahoma law of intestacy.

When a will has been admitted to probate in the domiciliary state of a non-resident decedent, a certified copy of the will, the order or decree admitting the will, the order distributing the estate and determining heirs is filed with a petition requesting that the will be admitted by the Oklahoma Court and for distribution of the Oklahoma property according to the will.  After notice and a hearing, if there is not an objection, the Oklahoma Court will distribute the Oklahoma property according to the will.

In each case, the Oklahoma court will require an affidavit that notice was given to creditors in the domiciliary estate or that a notice to creditors be given as required under Oklahoma law, unless there are no known creditors.

For both non-resident intestacy and probate of a will, if there is an objection with merit, then the Oklahoma court will appoint a personal representative and an Oklahoma administration or probate will follow.