Legal Question in Wills and Trusts in Oklahoma

Re: My Son's estate

If your son had a valid will, his estate (real and personal property) will be distributed as provided in his will, after his affairs have been settled.

If he had no will, no wife, and no children or other descendants, then, under Oklahoma laws of intestate succession, his surviving parents will share in his estate equally.

If your son had no will, each of the parents will have an equal right to apply to the probate court for an order appointing the applicant as the administrator of the estate, with a duty to pay for the decedent's last illness, funeral, debts, taxes, costs of administration, and other prior claims from the decedent's estate. After the estate is fully administered, the remaining property can be distributed to the heirs at law.

Venue for the probate of his estate will lie in the county where he resided, ordinarily. Notice of the proceedings must be given to all interested parties as provided by law.

If the decedent's personal property has been misappropriated, the probate court can, on proper application and due process of law, make findings and orders as necessary.

As usual, there are time limits involved. For example, the custodian of a decedent's last will and testament must produce same within a fairly short time after learning of the testator's death and an Oklahoma estate tax return is due within nine months after death.

You may need to contact an Oklahoma probate lawyer and engage his services in protecting and asserting your rights of inheritance, etc.

This response does not create an ongoing attorney-client relationship, which will require further arrangements on your part.

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