Canadian County District Court Guide

Ten or more days after the death, a claiming successor may present a notarized affidavit to whoever holds the decedent's personal property, if the fair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances, does not exceed $50,000. The affidavit is NOT filed with the court and has no filing fee. It collects personal property only (debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action); real property counts toward the $50,000 measure but cannot be transferred by the affidavit. It is unavailable once an application or petition for appointment of a personal representative is pending or granted in any jurisdiction, and the affidavit must state that the estate's taxes and debts are paid, provided for, or barred.

• At least 10 days have passed since the date of death (Okla. Stat. tit. 58, § 393(A))
• Fair market value of the decedent's Oklahoma property subject to disposition, less liens and encumbrances, does not exceed $50,000 (§ 393(A)(1))
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction (§ 393(A)(2))
• Each claiming successor is entitled to the property in the proportions set out in the affidavit (§ 393(A)(3))
• The affidavit states that all taxes and debts of the estate have been paid, otherwise provided for, or are barred by limitations (§ 393(A)(4))
• The affidavit is signed before a notary and given to the bank or other holder of the property, not filed with the court

Qualifies:

$50,000

Attorney:

not required by law, though many families use one

The $50,000 figure is a fixed statutory amount (last amended in 2017), not indexed and not banded by date of death.

On a petition for summary administration the district court dispenses with the regular estate proceedings and issues a combined order and combined notice covering admission of the will (if any), summary administration, the final accounting, determination of heirship, distribution and discharge. Creditors must present claims within 30 days after the combined notice; the final hearing is set no less than 45 days after the order. Unlike the § 393 affidavit, this is a court proceeding and it can pass real property. A related route, dispensing with regular proceedings under Okla. Stat. tit. 58, § 241, is available for estates of $150,000 or less.

• File a petition for summary administration meeting one of the three § 245(A) conditions ($300,000 or less, decedent dead more than five years, or nonresident decedent)
• Attach the will if the decedent died testate
• Creditor claims are presented within 30 days after the order admitting the petition and combined notice (Okla. Stat. tit. 58, §§ 246-247)
• The final hearing is set not less than 45 days after the order

Qualifies:

Value of the estate is $300,000 or less, OR the decedent has been deceased for more than five years, OR the decedent resided in another jurisdiction at the time of death (any one condition qualifies).

Filing fee:

$135

source

Attorney:

not required by law, though many families use one

Takes the same flat § 28-152(A)(3) probate filing fee as a regular probate; there is no separate summary administration fee tier in Oklahoma.

The district court admits the will (if any) to probate on a petition, appoints a personal representative and issues letters testamentary or letters of administration. The personal representative files and publishes a notice to creditors within two months of the issuance of letters with a presentment date at least two months out (Okla. Stat. tit. 58, § 331), returns an inventory and appraisement within two months of the appointment order (§ 281), pays allowed claims, and closes on a final account, petition for distribution and decree of distribution (§§ 541, 611 and 631).

• File a petition for probate of the will and/or for letters of administration with the court clerk of the district court in the county of the decedent's residence at death (Okla. Stat. tit. 58, §§ 5, 22 and 127)
• Provide the original will, if there is one, and a certified death certificate; the custodian of a will must deliver it within 30 days of learning of the death (Okla. Stat. tit. 58, § 21)
• Give notice of the hearing to heirs, legatees and devisees by mail and by publication (Okla. Stat. tit. 58, §§ 25, 26 and 34)
• File and publish notice to creditors within two months of the issuance of letters, with a presentment date at least two months after the notice is filed (Okla. Stat. tit. 58, § 331)
• Return an inventory and appraisement within two months of the appointment order (Okla. Stat. tit. 58, § 281)
• Close on a final account, petition for determination of heirship and distribution, and decree of distribution (Okla. Stat. tit. 58, §§ 541, 611 and 631)

Qualifies:

No dollar threshold. This is the ordinary route for an Oklahoma estate that does not fit an abbreviated procedure.

Filing fee:

$135

source

Attorney:

not required by law, though many families use one

The $135.00 figure is the flat § 28-152(A)(3) probate filing fee; mandatory statutory add-ons collected with it push the counter total higher. See the fees notes.

The district court admits the will (if any) to probate on a petition, appoints a personal representative and issues letters testamentary or letters of administration. The personal representative files notice to creditors within two months of the issuance of letters, prepares an inventory within two months of the appointment order, pays allowed claims, and closes on a final account, petition for distribution and decree of distribution.

• File a petition for probate of the will and/or for letters of administration in the district court of the county of the decedent's residence (Okla. Stat. tit. 58, §§ 5, 22 and 127)
• Provide the original will, if there is one (the custodian must deliver it within 30 days of learning of the death, Okla. Stat. tit. 58, § 21), and a certified death certificate
• Give notice of the hearing to heirs, legatees, devisees and executors by mail and by publication (Okla. Stat. tit. 58, §§ 25, 26 and 34)
• File and publish notice to creditors within two months of the issuance of letters, with a presentment date at least two months out (Okla. Stat. tit. 58, § 331)
• Return an inventory and appraisement within two months of the appointment order (Okla. Stat. tit. 58, § 281)
• Close on a final account, petition for determination of heirship and distribution, and decree of distribution (Okla. Stat. tit. 58, §§ 541, 611 and 631)

Qualifies:

No dollar threshold. The ordinary route for an Oklahoma estate that is not eligible for, or does not use, an abbreviated procedure.

Attorney:

not required by law, though many families use one

After a petition for probate and the appointment of a personal representative, if it appears that the estate does not exceed $150,000, the court orders an inventory (appointing appraisers unless appraisement is unnecessary), and on return of the inventory the court dispenses with the regular proceedings, orders notice to creditors, and sets a combined final hearing on the final accounting, determination of heirship, distribution and discharge. Creditors file claims within 30 days after publication, and the matter is set for hearing not less than 35 days after first publication.

• A personal representative has been appointed and the estate is shown not to exceed $150,000 (Okla. Stat. tit. 58, § 241(A))
• The court orders and the representative returns an inventory (§ 241(A))
• Notice to creditors and the combined hearing notice are published weekly for two consecutive weeks; creditors file within 30 days of publication (§ 241(C))
• The matter is set for hearing not less than 35 days after first publication (§ 241(D))

Qualifies:

Available where the value of the whole estate, both real and personal, does not exceed $150,000.

Attorney:

not required by law, though many families use one

At any time 10 or more days after the death, a person who owes the decedent a debt or holds the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action or stock brand SHALL pay or deliver it to a person claiming to be the successor on presentation of a compliant affidavit. The affidavit is NOT filed with the court: the successor gives it to the bank, transfer agent, or public title official. A transfer agent must change registered securities ownership, and a public official over registered title (such as Service Oklahoma for a vehicle) must change registered ownership, on presentation.

• At least 10 days have elapsed since the death (Okla. Stat. tit. 58, § 393(A))
• The fair market value of Oklahoma property owned by the decedent and subject to disposition by will or intestacy, less liens and encumbrances, does not exceed $50,000 (§ 393(A)(1))
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction (§ 393(A)(2))
• Each claiming successor is entitled to payment or delivery of the property in the stated proportions (§ 393(A)(3))
• All taxes and debts of the estate have been paid, otherwise provided for, or are barred by limitations (§ 393(A)(4))

Qualifies:

$50,000 or less, measured as the fair market value of property located in Oklahoma owned by the decedent and subject to disposition by will or intestate succession at death, LESS liens and encumbrances. PERSONAL PROPERTY ONLY: the affidavit collects debts, tangible personal property and instruments, and cannot transfer real estate.

Attorney:

not required by law, though many families use one

The affidavit reaches personal property only and cannot convey real estate, though real property counts toward the $50,000 measure. Knowingly signing a false affidavit is punishable by a fine of up to $3,000 or up to six months in jail, or both, plus restitution (§ 393(E)). See small-estate.json.