Regular Probate

A majority of probates are administered in long form and take several months and even years if the parties do not agree. The attorneys will first determine if there is a Last Will, a pour-over will, or no Last Will at all. If the decedent died without a last will, this is called dying intestate.

The lawyer will meet with his clients and draft an initial Petition for Probate. If the client agrees with the wording, the law firm will file the Petition with the Comanche County Court Clerk. The court will order that the Petition be heard at a future date. Probate lawyers will publish notice of the hearing in the local newspaper and will mail a copy of the Notice of Hearing to all interested parties.

At the initial hearing, the Court will usually make four determinations. 1. Does the Comanche Court have jurisdiction to hear the matter? If the decedent did not live or have assets in Lawton or Comanche County, then the Court might not have jurisdiction. 2. Is there a valid last will and testament and should it be admitted into probate? 3. 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. 4. Who are the legal heirs or beneficiaries of the estate.

Once the Court has made those four determinations, it will appoint the Petitioner as the Personal Representative. This person is charged with administering the estate of the decedent. This involves gathering and identifying all assets, settling claims, administering the Estate, and finally distributing what is left to all heirs.

Creditors usually have 60 days from the filing of a Notice to Creditors to file a claim against the Estate. This Notice to Creditors is published in a local newspaper in Lawton, Comanche County. It is also mailed to all known creditors of the decedent. If a creditor files a claim against the estate, then the Personal Representative decides if it is valid and should be paid. The claim then must be approved by the Court before any payment can be made.

A general inventory is usually required to list all of the Estate's assets. This list should include real estate, personal property, mineral interests, and financial accounts.

When real estate or personal property needs to be sold to satisfy debts or to make money available for distribution, the Personal Representative will make an application to the Court for authority to sell real estate or dispose of personal property. Earlier I stated that the Court determines the legal heirs of the estate at the first hearing. Because the judge has made that determination, all the beneficiaries must agree in writing to selling of real estate or personal items by the Personal Representative. If they do, then the Executor usually sell the house with a Realtor and deposits the proceeds into the Estate bank account.

Once the the Personal Representative has gathered all the assets, paid and settled all claims, then and only then is the estate ready for closing. This is usually done by filing a Final Account. The Notice of Hearing Final Account is published in the newspaper, mailed to all interested parties, and usually set for hearing 30 days in the future depending on the Court's schedule.

As you can see, if everything goes perfect a probate will take 4 to 5 months. They never go perfect and generally take 5 to 7 months. If the family starts fighting then it might take several years to complete the probate.

Next: Common Probate Issues