Oklahoma Probate Law, Dying Without A Will In Oklahoma.

by Zach Waxman on May 3, 2012

Probate Law in Oklahoma:

If you die with or without a will in Oklahoma you must go through the probate process. If you die with a Will the property of the Decedent will be distributed by the terms of the valid will. If on the other hand you die without a will or Trust in Oklahoma the property of the Estate will be distributed by Intestacy-Descent and Distribution. A general look at the process is as follows:

1. If the person who died without a will is married and has one child either of the marriage or not both the surviving spouse and the natural child share in equal shares of the Oklahoma Estate.  If on the other hand there exists two natural children of the descendant and a spouse the surviving spouse takes a one third interest and the surviving children or if predeceased their issue share equally in the  Estate by representation.  If the decedent is not married and leaves no surviving spouse but has children the entire Estate goes to the children by representation.  If any of the children of the decedent are not living at his or her death but have issue those same issue will share by representation.

2. If the person dies and leaves no children the Estate goes on half to the surviving spouse and the other half to the decedents mother or father if they are alive.  If they have predeceased the decedent then if he or she has brothers or sisters than to the brothers or sisters and to the deceased children of the deceased heirs in equal shares by representation.

Oklahoma probate is very complex and only made more complex when one dies without a will.  The above is a very small and very general description of how property may be distributed in Oklahoma if it is distributed by Intestacy.

For a free and confidential consultation regarding Estate Law in Tulsa Oklahoma contact me by email or phone and I will answer your questions.

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