After a death in Oklahoma

Small estates

Small estate affidavit (58 O.S. 393): 10 or more days after death, a successor can collect property with an affidavit if the Oklahoma property that passes by will or by law is worth $50,000 or less after liens. Summary administration in court is available for larger estates up to $200,000 (check with the court).

• Limit: $50,000
• Waiting time after the death: 10 days
• Source: the official source

Probate court

In Oklahoma, estates are handled by the District Court in the county where the person lived, usually in the county where the person lived.

Creditor claims: 2 months after the first publication of the notice to creditors (58 O.S. 333).

Official court forms

No official statewide court page with probate or small estate forms was found. Contact the court clerk in the county where the person lived.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: No. Oklahoma has no estate tax. It was phased out for deaths after January 1, 2010.
• Inheritance tax: No. Oklahoma has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Nontestamentary Transfer of Property Act (58 O.S. 1251 and following). It must be signed, notarized and recorded with the county clerk before the owner dies. After the death, the beneficiary must record an affidavit and a copy of the death certificate with the county clerk within 9 months, or the property goes back into the estate (58 O.S. 1252).
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the will maker and two witnesses. A self-proving affidavit before a notary lets the court accept the will without witness testimony.

Handwritten wills: Valid if entirely written, dated and signed in the will maker’s own handwriting (84 O.S. 54). No witnesses needed.

Power of attorney and health care directive

Health care directive: Oklahoma Advance Directive for Health Care (63 O.S. 3101.4): one form that covers a living will, a health care proxy and anatomical gifts. Signed before two witnesses age 18 or older who would not inherit from you.

Death certificates

Certified copies come from the Oklahoma State Department of Health, Vital Records. The funeral home can usually order them for you.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Oklahoma has no estate or inheritance tax. A transfer on death deed can keep a home out of probate.