PROBATE / ESTATE ADMINISTRATION LAWYERS IN OKLAHOMA

SIMPLIFYING THE PROBATE PROCESS

Gunkel Law Group is a trusted partner is handling probate matters with compassion, care, and attention to detail.

Probate, also known as estate administration, is the legal process by which the property of the person who has died is distributed. An Oklahoma court will appoint a person (a “personal representative”) to administer the probate estate. When that happens, the personal representative gathers the assets of the estate, pays debts and final expenses, and distributes the remaining assets.

While these may appear to be routine tasks, they can present many challenges, including discrepancies in financial handlings, disagreements between beneficiaries and asset divisions, and determining next of kin – especially if the descendent did not have a will. Rest assured, our team of trusted attorneys can bring clarity and representation to every step of the process.

PROBATE/ESTATE ADMINISTRATION SERVICES

  • PROBATE

  • TRUST ADMINISTRATION

  • ADMINISTRATIVE ACTION

  • DETERMINATION OF HEIRS

OKLAHOMA PROBATE LAWS

Oklahoma probate law states that if there is a will, either a simplified probate procedure, full probate, or ancillary probate should be filed. The Executor or Administrator of the estate has certain legal obligations under Oklahoma probate law that must be met, and this is one of them.

Probating the will is a legal process that takes care of creditors, taxes, and the estate’s heirs and beneficiaries. If the will is not probated when there are assets and accounts that make doing so necessary, the estate could get sued by a beneficiary or heir. If you aren’t sure how to probate the will or which type of probate should be filed, Gunkel Law Group can help.

Benefits of attorney representation when probating a will:

Working with one of Gunkel Law Group’s experienced probate attorneys can help eliminate stress and provide clarity during a challenging time. While there is no legal requirement to have a lawyer probate a will for you in Oklahoma, there are many benefits in doing so. In addition to navigating and understanding Oklahoma’s probate procedure, our probate attorneys can help you:

  • Determine which type of estate action to open

  • Navigate creditor claims filed against the estate

  • Provide dedicated counsel if the will or trust is challenged

  • Ensure you’re fulfilling all legal obligations as the Executor or Administrator of the estate

FREQUENTLY ASKED QUESTIONS

  • Even is the spouse left everything to them, in many cases, the surviving spouse must open a probate case in Oklahoma.

    The key in determining this lies within probatable assets. Any property owned by you as the surviving joint tenant and the deceased, does not go through probate. For those assets, additional filings must be made along with a copy of the death certificate.

  • Trust assets, life insurance proceeds, certain retirement accounts, certain pension accounts, payable on death accounts, and Transfer-on-Death accounts are non-probate assets.

  • Establishing a trust is the most common way to avoid probate in Oklahoma. For larger estates that may be subject to federal estate tax, tax strategies are essential. Parents have other concerns, such as caring for their children or continuing their education. Protecting your assets while avoiding probate is an important job.

    Gunkel Law Group provides Estate Planning services to help you develop wills and trusts based on your goals and circumstances. Learn more about Estate Planning here.

WE’RE IN YOUR CORNER.