Oklahoma ancillary probate is the process used to distribute property of a person that dies while a resident of one State but has property in a different State. When someone passes away the Probate Court in the State they reside is the state with jurisdiction over their Estate. This means that the Home State is the one that decides if the persons will is valid. In the event this person passes away without a will this same Home State determines who and how heirs receive estate property. If you’re charged with the responsibility of administering an estate in another State our Oklahoma ancillary probate attorneys can help you.
Where Do You File Ancillary Probate
First the will is filed in the Home State of the deceased. That State’s probate court validates the will and it distributes the assets per the will. The ancillary probate gets filed in the other State and County in which the out of state property is located. Title 58, of the Okla. statutes deals with petitions filed by Nonresidents filing ancillary probate. The law sets out that once the will or other probate instrument is admitted in the foreign state its filed in the proper Oklahoma County where the property is located. At this point the probate Judge sets it for hearing. If the Judge finds that the will is valid in the Jurisdiction of the decedents Home State its admitted to probate in Oklahoma. Once admitted in Oklahoma its treated the same as a will in Oklahoma.
Can You Avoid an Ancillary Probate
If you die and own property in another jurisdiction you may be subject to an ancillary probate. How that State treats its ancillary proceedings depends on their statutes. Its easy to imagine that there’s similarities between their rules and ours. In reality if you own property in another state and its subject to an ancillary proceeding this could have easily been avoided. In Estate Planning there’s several tools available to you. Some of those probate avoidance tools involve will substitutes and other Trust instruments that you create during your lifetime.
Tulsa Probate Attorneys Near You
We all die someday but don’t have to do it without having our Estate settled. Don’t leave the settlement of your Estate to others who may not be acting in the way you wished. Estate Planning, including Oklahoma Ancillary Probate doesn’t have to be difficult. Call us and get your confidential consultation today. (918) 743-2233
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