Probate

Often, yes. Whether or not there is a will, property owned in the deceased person’s name alone generally has to go through probate. Some property doesn’t, such as accounts with a named beneficiary, like life insurance and retirement accounts, jointly owned property that passes to the survivor, and property held in a trust. Smaller estates may also qualify for a simpler process. Which applies depends on what the person owned and how it was titled.

If you are named executor, which Oklahoma law calls a personal representative, you will need to act promptly, because deadlines start soon after you are appointed. Executors are required to locate and value the deceased person’s assets, notify creditors of the death, and pay valid debts and expenses from the estate. Executors are generally not personally responsible for the estate’s debts. However, an executor who breaches a duty, such as the duty to act honestly and in the estate’s best interest, can be held personally liable. Getting guidance early helps you avoid mistakes.

If a loved one has just died, one of the first things to do is find the will, if there is one. Whoever has it must deliver it to the court, or to the executor named in it, within thirty days of learning of the death. Next comes a petition to start the probate case, which includes details such as where and when the person died, whether there was a will, the probable value of the estate, and who the heirs may be. The court then sets a hearing to decide what happens next. Smaller estates may qualify for a simpler process. Probate has many steps, so it helps to talk to an attorney early.

When a person dies, their debts are generally paid from their estate, not by their family. In probate, the executor must search for creditors and give them notice. Creditors then have a chance to show they have a valid claim, and the executor and the judge decide which debts are valid and pay them. If the estate has more debt than assets, there may not be enough to pay everyone. In that case, the money is divided under set rules, and some creditors may not be paid in full, depending on their priority. Family members usually aren’t personally responsible for these debts, though there are exceptions, such as someone who cosigned a loan.

Disputes over the validity of a will are generally difficult to prove. A person may dispute a will only on specific grounds identified by law. Courts are generally unlikely to revoke a will for fraud, menace, duress, or undue influence. There may be other grounds, such as the will not being properly signed and witnessed. A challenge after a will has been admitted to probate generally must be filed within three months, so it’s important to talk to an attorney early.