Stillwater Lawyer BlogWho’s Responsible For Probate In Stillwater?

probate in StillwaterProbate in Stillwater, Oklahoma is the court-supervised process of finalizing a person’s estate after he or she has passed away.

Who’s Responsible for Probate in Stillwater?

Typically, whoever is named as executor in a person’s will is also responsible for representing the decedent’s estate during probate in Stillwater.

However, if the will does not name an executor, the probate court will appoint someone to administer the estate during probate in Stillwater. Usually, this person will be a close relative or friend of the deceased, or the person who inherits the largest share of the decedent’s estate.

Probate includes the following activities:

  • Verifying the validity of the will.
  • Inventorying the property left by the deceased.
  • Appraising the property.
  • Paying off debts and taxes.
  • Distributing the remainder of the proceeds in accordance with the decedent’s will or, if there is no will, Oklahoma intestate law.

Whomever you designate as a personal representative of your estate must abide by the terms of your will or the rule of Oklahoma intestate succession laws. That person should be someone you trust and is honest, responsible and organized.

Furthermore, because they often have to deal with financial or complex legal situations, it is common for this person to be a lawyer or an accountant who has a personal interest in your family’s well-being or who is familiar with your affairs.

If the estate does not need to go through probate in Stillwater, the state will not appoint an administrator. The family and friends of the deceased will decide amongst themselves who will represent the decedent and finalize his or her estate.

There is, however, no obligation for the person named in the will to serve as administrator of the estate. If the person named declines, the probate court will appoint one of the alternate personal representatives named in the decedent’s will to administer the estate.

If none of the people named in the will are able or willing to administer the estate during probate in Stillwater, the court will appoint someone of its own choosing.

Free Consultation: Stillwater Estate Planning Attorney

Probate law is complicated, and there are numerous pitfalls that one needs to avoid. For this reason, good estate planning is best achieved with the help of an experienced probate attorney.

You can be speaking for free with a Stillwater estate planning attorney within minutes. Simply call 405-673-1600 or toll free at 1-888-Wirth-Law (1-888-947-8452).

If you prefer written correspondence, submit the “Ask an Attorney” form at the top right of this page.

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