Your Oklahoma Probate Questions, Answered
What is probate?
Probate is the legal process of determining the validity of a will and settling an estate after someone passes away. During this process, the assets of the deceased person are identified and distributed to their rightful heirs or beneficiaries.
The probate process can take up to several months, depending on the complexities involved and the laws in your state.
Why do I need a probate lawyer in Oklahoma?
Having a professional on your side throughout this process is essential for protecting your family’s interests. When no wills or trusts have been formed, Oklahoma statute decides how to distribute assets and liabilities of the estate.
The attorneys at Ball Morse Lowe can help you understand your legal rights and responsibilities in the probate process and make sure that all of the necessary paperwork is filed properly.
Since the probate process can be costly and time-consuming, our dedicated team will also work with your CPA to find ways to reduce your tax obligations and manage the estate in the most cost-effective way possible.
What does a probate lawyer do?
When you hire a probate lawyer, they will handle the entire legal process of settling an estate. This includes:
- Filing the necessary paperwork, such as the will and other documents.
- Managing the assets is a duty of the personal representative.
- Prosecuting or defending any legal disputes that arise during the probate process.
- Representing you and your family in court, if necessary.
What happens if there’s no will?
If someone passes without a will (known as dying intestate), the court distributes their property according to Oklahoma law — usually to the closest living relatives. We help families understand their rights and navigate this process with care.
Where are you located?
We have four offices in Oklahoma, all offering probate services – you can work with a probate attorney in our Oklahoma City, Edmond, Norman, or Stillwater locations.
We aren’t limited by our office locations, however. We serve Oklahomans across the state, operating across all 77 counties.
How much does probate cost?
The cost of probate varies depending on the size and complexity of the estate — and whether the process is contested or uncontested.
At Ball Morse Lowe, we believe in clear, honest communication about fees from the very start. Our probate services typically include a retainer (an upfront payment that covers part of the work) along with hourly billing for the time spent managing your case.
In general, contested probate cases require more legal time and resources than uncontested matters, which can increase the overall cost.
Who is responsible for handling the estate?
The court appoints an executor (if there’s a will) or a personal representative (if there isn’t) to manage the estate. This person ensures all assets, debts, and filings are properly handled.
What’s the difference between contested and uncontested probate?
An uncontested probate means all parties agree on the will and distribution of assets. A contested probate occurs when someone challenges the will or how assets are handled — and often requires more court involvement.
Do all estates have to go through full probate?
Not always. Smaller estates (under a certain value threshold) may qualify for a simplified process under Oklahoma law. We can help determine if your loved one’s estate qualifies.
I live in Oklahoma but the estate is located in another state. Can you help?
Probate must be handled by an attorney licensed in the state where the estate is being administered.
Because our practice is based in Oklahoma, we can assist with any estate located within Oklahoma, no matter where you live.
Do you handle probates in Tribal jurisdictions?
No, our probate attorneys are not licensed to practice in Tribal courts within Oklahoma.
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