McClain County District Court Guide

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 or chose in action must pay or deliver it 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 at death, LESS liens and encumbrances — so real property counts toward the measure, but the affidavit itself reaches PERSONAL PROPERTY ONLY and cannot transfer real estate. The affidavit is NOT filed with the court and there is no filing fee: the successor completes it, signs it, and gives it to the bank, transfer agent, or public title official (Service Oklahoma for a vehicle). 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 (Okla. Stat. tit. 58, § 393(E)).

• 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

Attorney:

not required by law, though many families use one

Oklahoma publishes no official statewide numbered affidavit form; the affidavit is prepared to recite the § 393(A) statements. The $50,000 figure is a fixed statutory amount (last amended 2017), not indexed and not banded by date of death.

On a petition for summary administration the 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 order; the final hearing is set not less than 45 days after the order. Summary administration is court-supervised and CAN distribute real property, unlike the § 393 successor affidavit.

• File a petition for summary administration meeting one of the three § 245(A) conditions (value $300,000 or less, decedent deceased more than five years, or nonresident decedent)
• Attach the will if the decedent died testate (Okla. Stat. tit. 58, § 245(B)(3))
• Creditors have 30 days from the order admitting the petition to present claims (Okla. Stat. tit. 58, § 246(B)(10))
• The final hearing is set not less than 45 days after the order (Okla. Stat. tit. 58, § 246(D))

Qualifies:

$300,000 or less, OR the decedent has been deceased 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

The McClain County 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, returns an inventory and appraisement within two months of the appointment order (Okla. Stat. tit. 58, § 281), pays allowed claims, and closes on a final account, petition for distribution and decree of distribution. Probate is a district-court proceeding in Oklahoma; there is no separate probate court (Okla. Stat. tit. 58, § 1).

• 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, and a certified death certificate
• 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 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.

Filing fee:

$135

source

Attorney:

not required by law, though many families use one

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 personal representative has been appointed and an inventory returned, the court may dispense with the regular proceedings where the whole estate, real and personal, does not exceed $150,000, order notice to creditors, and set a combined final hearing on the final accounting, determination of heirship, distribution and discharge. Creditors file claims within 30 days after publication and the hearing is set not less than 35 days after first publication. This route runs inside an already-opened probate, so the $135 petition fee has already been paid and no additional filing fee applies to the dispensing order itself.

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

Qualifies:

$150,000 or less (value of the whole estate, real and personal)

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.