Cortes Law Firm Probate
Navigating the probate process for a loved one's estate requires an Edmond Oklahoma probate attorney who will work in an efficient and effective manner. If you're an heir, it's possible this is your first encounter with the complexities of settling an estate through probate.
Probate oversees the administration of a deceased individual's estate, ensuring assets are appropriately distributed to rightful heirs or beneficiaries. This critical process validates the deceased's intentions are honored, and their property is distributed as they desired.
Given its complexity and potential duration, the guidance of a probate attorney well-versed in probate law can be invaluable. Such a professional can offer strategic advice, outline their services, and ensure the estate's management aligns with the deceased's wishes. Many attorneys offer an initial consultation at no cost, providing a chance to discuss your situation. The approach can vary significantly based on the existence of wills, trusts, or the absence of any estate planning.
Summary Probate for families in Edmond, Oklahoma
Sometimes a full blown probate that can last months and cost thousands of dollars is not the right answer. We have seen families walk away from their loved one's estate because it would cost more to probate than what the heirs would get. Think about someone on social security living paycheck to paycheck and living in an apartment. When there is no money - there is no money.
Other times a loved might have owned their home, a car and had a few thousand dollars in the bank. If it all adds up to less than $200,000 a Summary Probate might be the way to go. Especially because a Summary Probate generally only takes a couple of months as opposed to 5 to 7 months in a regular probate. This means it also usually costs less money to the estate to administer.
Key requirements for a Summary:
1. Total assets under $200,000;
2. All heirs must agree and consent in writing to a Summary Probate; and
3. Real estate cannot be sold during the probate.
Regular Oklahoma Probate
Handling probate can often be a lengthy and detailed process, sometimes taking months or even years to complete, especially when there are disagreements among those involved. The first step for lawyers is to determine if there's a Last Will, a pour-over will, or if the deceased died without a will, known as dying intestate.
The lawyer meets with the clients to draft an initial Petition for Probate. Once the clients approve the wording, the law firm files the Petition with the Oklahoma County Court Clerk. The court then schedules a future date to hear the Petition. Probate lawyers will publish a notice of the hearing in the local newspaper and send a copy of the Notice of Hearing to all interested parties.
At the initial hearing, the Court will usually make four determinations:
Does the Oklahoma County Court have jurisdiction to hear the matter? If the decedent did not live or have assets in Edmond or Oklahoma County, then the Court might not have jurisdiction.
Is there a valid last will and testament and should it be admitted into probate?
Who should be the Personal Representative of the Estate? This is sometimes called the Executor and is usually the person who hired the probate attorneys.
Who are the legal heirs or beneficiaries of the estate.
Cortes Law Firm, 5801 Broadway Extension Hwy Suite 110, Oklahoma City, OK, 73118, United States
405-213-0856
info@corteslawfirm.com