Cleveland County District Court Guide

Ten or more days after the death, a person holding the decedent's money, tangible personal property, or instruments evidencing debts, stock or choses in action must pay or deliver them to a claiming successor who presents a compliant affidavit. The $50,000 test is the fair market value of property located in Oklahoma owned by the decedent and subject to disposition by will or intestate succession, LESS liens and encumbrances. The affidavit is presented to the bank or other holder, NOT filed with the court, and there is no filing fee. It reaches personal property and debts only; it does not transfer Oklahoma real estate.

• At least 10 days have passed since the death (58 O.S. § 393(A))
• 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
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• Each claiming successor is entitled to the property in the proportions set out in the affidavit
• All taxes and debts of the estate have been paid, provided for, or are barred by limitations

Qualifies:

$50,000

Attorney:

not required by law, though many families use one

Oklahoma publishes no official statewide § 393 affidavit form. Banks and transfer agents commonly supply their own. Notary charges apply. For a vehicle with no administration pending, Service Oklahoma uses its own Form 798 (No Administrator Affidavit) instead.

A court-supervised shortcut that can pass any asset, real estate included, on a compressed schedule with combined notices. A petition qualifies if it meets ANY ONE of three conditions in 58 O.S. § 245(A): the value of the estate is $300,000 or less; OR the decedent has been dead for more than five years; OR the decedent resided in another jurisdiction at death. Creditors get a 30-day window under the combined notice procedure of §§ 246-247 instead of the regular two-month presentment period.

• Meet one of the three § 245(A) conditions: estate value at or under $300,000, death more than 5 years ago, or a nonresident decedent
• File the petition (with the will, if any) with the court clerk of the district court
• Give the combined notice to creditors, heirs and interested persons under 58 O.S. §§ 246-247
• Creditor claims run on the 30-day summary window rather than the regular presentment period

Qualifies:

$300,000

Filing fee:

$135

source

Attorney:

not required by law, though many families use one

Summary administration is opened for the same $135 statutory filing fee (plus the same add-ons) as a regular probate. A separate mechanism, dispensing with regular proceedings under 58 O.S. § 241, exists for whole estates of $150,000 or less; it is a different route with its own conditions and is not modelled here.

Oklahoma probate is a district-court proceeding under Okla. Stat. tit. 58; there is no separate probate court (58 O.S. § 1). Venue lies in the county where a resident decedent lived at death (58 O.S. § 5). The court admits the will (or finds intestacy), issues letters to the personal representative, and supervises inventory, creditor claims, sales and final distribution. The personal representative must file the notice to creditors within two months of letters (58 O.S. § 331) and publish it once a week for two consecutive weeks, and claims not presented by the presentment date stated in the notice are barred (58 O.S. § 333).

• File the petition with the court clerk of the district court in the county of proper venue (58 O.S. §§ 1, 5)
• Deliver the original will: a custodian must deliver it to the district court or the named executor within 30 days of learning of the death (58 O.S. § 21)
• Give the statutory notices; the notice to creditors is filed within 2 months of letters and published weekly for 2 consecutive weeks (58 O.S. § 331)
• Personal representative commissions follow 58 O.S. § 527 (5% of the first $1,000, 4% of the next $5,000, 2.5% above $6,000) where the will provides no compensation

Qualifies:

No dollar threshold. This is the ordinary route for an Oklahoma estate that does not fit the summary-administration conditions or the small-estate affidavit.

Filing fee:

$135

source

Attorney:

not required by law, though many families use one

The $135 figure is the bare statutory filing fee of 28 O.S. § 152(A)(3); mandatory statutory add-ons and the $7 dispute-resolution cost are collected with it (see the fees block), so the total collected at the counter is higher.

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.