Ancillary Probates

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Assisting You in Your Ancillary Probate Proceedings

Our articles are general discussions of Oklahoma law on various topics.

These articles are provided as a public service of Garvin Agee Carlton, and are intended to provide general information about the law. These articles are not a substitute for the advice of an attorney as to specific facts and circumstances. Anyone having any questions regarding the matters contained in any of the articles, or needing advice as to specific facts or circumstances, should contact an attorney practicing in the appropriate area of the law.

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INFORMATION NEEDED FOR ANCILLARY PROBATE/ ADMINISTRATION

The information/documentation we will need to settle the estate of non-Oklahoma residents owning property within Oklahoma depends upon what actions, if any, have been taken in the decedent's domiciliary state (state of residence). If a probate or administration proceeding has been completed in the state of residence, we can follow an expedited procedure here in Oklahoma to settle the Oklahoma property.

For this expedited procedure, we will need certified copies of the following from the domiciliary probate proceeding:

  1. Last Will and Testament;
  2. Order Admitting Will to Probate; and
  3. Order Distributing Estate.

In addition, while the above documentation will usually establish the following, we will need the date and place of death; the decedent’s domicile at time of death; the names and addresses of the decedent’s heirs, devisees, and legatees; and a description of all Oklahoma property owned by the decedent. Also, since in most cases we will have to file an Oklahoma estate tax return, we will need a copy of the estate tax return for the state of residence, if any, and/or the federal estate tax return if one was filed. If neither was filed, we will need information on the value of decedent’s estate outside the state of Oklahoma.

We will handle all aspects of the Oklahoma proceeding including preparation and filing of an Oklahoma estate tax return for purposes of obtaining an estate tax release, and notifying any oil companies (with regard to producing mineral interests) of the transfer of interest upon completion of the proceeding.

In the event a probate or administration proceeding has been commenced but not completed in the state of residence, we will need certified copies of the following:

  1. Last Will and Testament; and
  2. Order Admitting Will to Probate.
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In addition, while the above documentation will usually establish the following, we will need the date and place of death; the decedent’s domicile at time of death; the names and addresses of the decedent’s heirs, devisees, and legatees; and a description of all Oklahoma property owned by the decedent. Also, since in most cases we will have to file an Oklahoma estate tax return, we will need a copy of the estate tax return for the state of residence, if any, and/or the federal estate tax return if one was filed. If neither was filed, we will need information on the value of decedent’s estate outside the state of Oklahoma.

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If no probate or administration proceedings have been commenced, we can use the original will (in the case of a probate) or commence an original proceeding in Oklahoma even though the decedent was not an Oklahoma resident. If it is expected the original will may be needed in a probate proceeding in the state of residence, that proceeding should be commenced with the original will.

We can then utilize one of the procedures described above using certified copies of the documents from the out-of-state proceedings.