Legal Question in Wills and Trusts in Oklahoma

How do we file a small non contested probate?

My father died a couple of weeks ago without a will. Bank accounts, CD's etc. having both parents name on them have been frozen by the bank. There are no debts, just some savings, a home & personal belongings. Total value under $200,000 & the children unanimously want the estate to go to our mother. What do we need to do? Thank you!!


Asked on 12/03/02, 10:38 am

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: How do we file a small non contested probate?

You probably will not like this answer, but the reality is that I cannot give you a definitive answer to your question even though it is a good one. The basic problem is that probate is a complicated beast with may of the right qiestions not answered in your question. You need the services of an Atty who will go over all of the ins and outs depending on whose name is on the accounts, why the bank may have frozen them, etc.

The fact that everyone is in agreement on the disposition of the money is interesting, but not very.

My suggestion is that you hire a probate Atty in your area and go in with all of your facts and expect to come out with a lot of questions to be answered after investigating further. BTW, if the estate is over $10,000, it is not a small uncontested estate.

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Answered on 12/03/02, 10:51 am
Hunt John Urgentlegalcare.com

Re: How do we file a small non contested probate?

If the "estate" is under $60,000 you should be able to do what is called a summary administration in which time and expense would be reduced. What is property of the estate may well be less than that if the home was in joint-tenancy with his wife and therefore not property of the "estate". The same may well prove to be true for some of the accounts you mentioned as well as vehicles. In such a proceeding the children could file disclaimers of interest. There will likely be no estate taxes due. I would be glad to assist you. 918-744-7440

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Answered on 12/03/02, 1:38 pm


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