When a loved one passes away in Creek County, Oklahoma, and leaves behind assets that are solely in their name, you may need to file probate. Probate is the court-supervised procedure for distributing the deceased person’s assets, paying debts, and closing out their estate.

When Probate Is Necessary

Probate is usually required when the deceased (called the “decedent”) owned assets in their name alone—like a home, bank account, or vehicle—and did not place those assets in a trust or name beneficiaries. Probate gives legal authority to someone (called the “personal representative”) to manage the estate.

There are simplified procedures for small estates, but larger or more complex estates typically require full probate.

Step 1: Determine Which Type of Probate to File

In Creek County, you’ll typically file one of the following types of probate:

• Summary Administration – For smaller or less complex estates. Quicker and less expensive, this option is available if the estate is worth less than $200,000, the decedent has been deceased for over five years, or the person resided outside of Oklahoma at the time of death.
• Formal Probate – Full probate process for larger estates or if there are disputes among heirs or creditors.

Step 2: File a Petition in Creek County District Court

To begin the probate case, you (or your attorney) must file a Petition for Probate with the Creek County District Court. The petition asks the court to appoint a personal representative and approve the will (if there is one).

You’ll also need to include:

• A copy of the death certificate
• The original will (if available)
• A list of known heirs and beneficiaries
• An estimate of the estate’s assets and debts

Step 3: Notify Heirs and Creditors

Once the court accepts the petition, it will schedule a hearing. You must notify all heirs and interested parties, and publish notice in a local newspaper to give creditors a chance to file claims.

This step ensures that anyone with a legal interest in the estate is aware and has an opportunity to respond.

Step 4: Inventory and Appraise the Estate

The personal representative must prepare an Inventory and Appraisement listing all the decedent’s assets, such as real estate, vehicles, bank accounts, personal property, and debts. This helps the court and the heirs understand the value of the estate.

Step 5: Pay Debts and Taxes

Before distributing any assets, the personal representative must pay the decedent’s outstanding debts and any applicable taxes. This may involve selling some estate property to generate funds.

Step 6: Distribute the Estate

Once debts and expenses are paid, the remaining assets are distributed according to the will—or, if there is no will, according to Oklahoma’s intestate succession laws. The court will then approve the final distribution and close the case.

Creek County Probate Attorneys

While Oklahoma law doesn’t require you to have a lawyer to file probate, the process can be confusing, especially if there are disputes among family members or large debts involved. Our team at Creek County Attorneys can guide you through the process and make sure everything is done properly and efficiently. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.