How to Apply for Probate (OK)

OK Application Process

There are several steps you must take to obtain the court's permission to represent and manage an OK estate.

1. Probate Application: In Oklahoma, if the estate will go through probate, submit an application to the court: see application details ↧
   • If there is a will, submit a Petition for Probate (see required probate petition contents); otherwise submit a Petition for Administration (see required administration petition contents).
   • The requirements for these petitions are rather simple, and OK does not provide official statewide forms for probate forms, but see OK Probate Forms) for examples.
   • If you do not reside in OK, attach an agreement with someone in the county who will act as your local communications agent (see Task: Out-of-state executor).
   • If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to attach a Renunciation Affidavit from anyone with equal or higher priority.
   • If there is a will, but you do not have a notarized "self-proving affidavit" signed by the witnesses to the will, it may simplify the process if you can attach an affidavit signed by at least one witness to the original will signing, attesting to the fact that he or she was present when the decedent signed the will, he or she signed the will as a witness, and that everyone was of sound mind and not under any duress (see 58 OK Stat § 30).
   • Save $$: If there is no will, or the will does not waive the requirement for a probate bond, you may wish to attempt to avoid probate bond costs by attaching a bond waiver from each person who will inherit (see Probate Bonds).
   • Attach an official copy of the death certificate and the original will (if there is one).
   • Check with your local court for additional requirements.
2. Notice of Probate: In Oklahoma, if the estate is undergoing probate, once you have submitted your application to the court:
   • At least 10 days before the scheduled court hearing of your petition, you (or the court clerk) must mail a notice of the hearing to anyone who will inherit according to the will (if there is one), and anyone who would inherit if there were no will (i.e., heirs-at-law). At the hearing (or before), submit to the court a signed statement listing everyone you notified.
   • If any address is unknown, you (or the court clerk) must also publish one notice of hearing in local newspaper published where the hearing will be held (the newspaper can help you with this). The notice must be published at least 10 days before the scheduled hearing. At the hearing (or before), submit to the court the Proof of Publication the newspaper gives you.
   See 58 OK Stat §§ 25-28 (if there is a will) and 58 OK Stat §§ 128-130 (if no will).
3. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
4. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
5. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
6. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in OK for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).