James
H. Lockhart
Attorney and Counselor at Law
Park on Main, Suite 136, 3750 West Main St., Norman, OK 73072 (405)292-5998
Attorney and Counselor at Law
Park on Main, Suite 136, 3750 West Main St., Norman, OK 73072 (405)292-5998 |
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Probate and Administration of EstatesProbate
is the court supervised process by which a person's estate is distributed
according to the last will and testament. Administration
is the court supervised process for distribution of a person's estate where the
person dies without a last will and testament. A
petition has to be filed with the District Court asking that the person's will
be admitted to probate. A hearing
before the court is scheduled. All heirs and persons who receive property under the will are
notified of the hearing. At this
hearing the will is proved and a personal representative is appointed to be in
charge of the estate. After
the will is admitted to probate, creditors are notified, property sold (if
necessary) and an inventory of the estate property is filed.
Estate tax returns are prepared and filed. When
all property has been accounted for, all estate taxes paid, and all creditors
notified and paid, the estate is ready for distribution. Another
hearing is scheduled and the estate is distributed. If
the person passes away without a will, the process is the same, only the
property will be distributed according to law instead of by a person's will.
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