Q&A: Probate
Q1. Why do I need to probate a will?
A1. To ensure the estate is properly administrated and to ensure real
property titles are clear.
Q2. Can I sale property of the deceased during the probate?
A2. Only by Court Order.
Q3. My spouse died without a will and my stepchildren want me to
move out of our home. Do I have to move?
A3. No.
Q4. What is a personal representative?
A4. The person the Court appoints to probate an estate when the
deceased did not have a will.
Q5. Who can apply to be a personal representative?
A5. Anyone can petition the court to be appointed the personal
representative.
Q6. What is an executor or executrix?
A6. The person (male/female) who is appointed in a will to
distribute the estate in accordance with the terms of the will.
Q7. What is a special administration?
A7. A condensed probate process that can be used to probate smaller
estates.
Q8. How long does the probate process take?
A8. It depends on the size of the estate, if all heirs can be located and
whether or not any of the heirs dispute the will or distribution of
the estate.
Q9. If I am named as an executor/executrix in a will, what should I do?
A9. (A) You should secure all the property of the deceased; (B) Make
an inventory of all the property. You will need to include a
description of the property and the value of the property; and (C)
Contact an attorney.
Q10. When meeting with the attorney initially, what information should
I have and/or bring with me?
Q11. You need the names and addresses of all potential living heirs
(spouse, children, grandchildren, parents, etc..); list of all the
property and the fair market value of that property (if you have
access to the property); a list of the decedent's creditors (name,
address and account number); receipt or statement showing
funeral expenses have been paid; a certified copy of the death
certificate and a copy of the will (if one is located).
Please download the probate intake form below, complete it and bring it
with you when meeting with your attorney.
A1. To ensure the estate is properly administrated and to ensure real
property titles are clear.
Q2. Can I sale property of the deceased during the probate?
A2. Only by Court Order.
Q3. My spouse died without a will and my stepchildren want me to
move out of our home. Do I have to move?
A3. No.
Q4. What is a personal representative?
A4. The person the Court appoints to probate an estate when the
deceased did not have a will.
Q5. Who can apply to be a personal representative?
A5. Anyone can petition the court to be appointed the personal
representative.
Q6. What is an executor or executrix?
A6. The person (male/female) who is appointed in a will to
distribute the estate in accordance with the terms of the will.
Q7. What is a special administration?
A7. A condensed probate process that can be used to probate smaller
estates.
Q8. How long does the probate process take?
A8. It depends on the size of the estate, if all heirs can be located and
whether or not any of the heirs dispute the will or distribution of
the estate.
Q9. If I am named as an executor/executrix in a will, what should I do?
A9. (A) You should secure all the property of the deceased; (B) Make
an inventory of all the property. You will need to include a
description of the property and the value of the property; and (C)
Contact an attorney.
Q10. When meeting with the attorney initially, what information should
I have and/or bring with me?
Q11. You need the names and addresses of all potential living heirs
(spouse, children, grandchildren, parents, etc..); list of all the
property and the fair market value of that property (if you have
access to the property); a list of the decedent's creditors (name,
address and account number); receipt or statement showing
funeral expenses have been paid; a certified copy of the death
certificate and a copy of the will (if one is located).
Please download the probate intake form below, complete it and bring it
with you when meeting with your attorney.
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help our clients
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results in the
Oklahoma legal
system through
professional
representation.
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| ALBERTS & ASSOCIATES |
| Attorneys & Counselors at Law |
Phone (405) 232-2444 john@albertslaw.net Fax (405) 232-2445