If an individual died outside of Oklahoma, but owned property located in Oklahoma, the Oklahoma assets may have to go through probate within the State of Oklahoma. One common occurrence is that a non-resident’s estate is probated outside of Oklahoma, but the non-resident decedent owned real property within Oklahoma. Because only Oklahoma courts have jurisdiction over real property located within Oklahoma, it will be necessary to conduct Oklahoma probate proceedings for the estate of the non-resident decedent. These proceedings are generally referred to as “Ancillary” probate proceedings.
One avenue for such a process is through Summary Administration proceedings.
Another avenue for ancillary proceedings is via the traditional probate proceedings.
A third possibility for ancillary proceedings is via Title 58 O.S. Section 677. The advantages of proceeding under this statute are:
In order to qualify for 58 O.S. §677, the following must be true:
(a) a duly certified copy of the last will and testament,
(b) an order admitting the will to probate in another jurisdiction, and
(c) an order distributing the estate from the domiciliary probate proceedings;
(a) a duly certified copy of the order appointing personal representative; and
(b) an order distributing estate from the domiciliary estate.
While there are many factors and every case is different, a general overview of Oklahoma ancillary probate proceedings under 58 O.S. § 677 is as follows:
(a) the court shall issue an order setting the matter for hearing not less than twenty (20) days thereafter;
(b) publication of a notice one time, not less than twenty (20) days prior to the date of hearing; and
(c) notice of hearing shall be mailed to all devisees, legatees and heirs at law, including those named in the last will and testament or in the order determining heirs, not less than twenty (20) days prior to the date of such hearing.
The attorneys at Ball Morse Lowe have built a respected reputation over the decades for providing sophisticated counsel in complex oil, gas, and energy law matters, business law cases, transactions, estate planning, and family law matters. We take pride in assisting individuals and families with their legal concerns. Personable and responsive, our lawyers craft documents and develop strategies tailored to each client's unique goals and needs.
Ball Morse Lowe PLLC is committed to providing excellent service and sound solutions to our clients in a cost-effective manner. From our law firms in Norman, Oklahoma City, Edmond, Stillwater, Frisco, and Denver, our attorneys provide services throughout the Oklahoma City, DFW, and Denver Metros and in other states, including Texas, North Dakota, Ohio, Colorado, California, Wyoming, and New Mexico.
Ball Morse Lowe is a recognized law firm that serves clients across Oklahoma, Texas, and Colorado.
Our lawyers have extensive experience handling a wide range of practice areas, including family law, estate planning, litigation, real estate, oil, gas and energy, business & commercial, and much more.
Our firm is devoted to providing each client with all the resources of a large firm but with the individualized attention of a small practice. Unlike many other firms, we have the ability to conduct investigations, hire expert witnesses, and utilize cutting-edge technology to help you build the strongest case possible.
The lawyers at Ball Morse Lowe can help you seek what's needed in your case. Our team is standing by to assist you, so call us at (877) 508-4265 to get started with a free consultation with our client intake team.
Zachary T. Ball
E. Parker Lowe
Grant P. Scowden
J. Brad Torgerson
N. Thomas Kempton
Thomas A. Swafford
Chief Operating Officer
Director of Administration and Human Resources
Senior Title Coordinator
Director of Marketing and Client Intake
Client Advocate Team Lead
Front Office Assistant
Mallory Autry Leong
Front Office Assistant
* Meetings with attorneys by appointment only *
I cannot thank Mr. Tommy Pfeil and Ms. Sarah Willey enough for all the support they've shown me throughout my unfortunate divorce. With all the twists and turns thrown at my situation both in my personal life, but also my military career. This team always made me feel as though my case took priority. I will forever be grateful for them and highly recommend either of them to represent you as you drudge through your specific situation. Thank you again Mr. Tommy Pfeil and Ms. Sarah Willey for everything you did on my behalf.
Ball Morse Lowe, PLLC offer exceptional knowledge in the oil and gas industry among many other things. I have worked with Senior Attorney, Chris Michael, multiple times and he continues to exceed expectations. If you are looking for a group of hard working, time efficient, diligent, and ethical attorneys, Ball Morse Lowe, PLLC and specifically Chris Michael would be a great choice.
I felt like I mattered. I felt like what I had to say was important. Glenn was thoughtful, encouraging and understanding. She helped me navigate the process and validated my thoughts about things I was not sure. Thank you Glenn!!! It was great working with you!
I turned to Ball Morse Lowe, PLCC when I needed my mother's estate probated in Oklahoma. It involved mineral rights and I live in California and my mother had not lived in OK for over 60 years. I wanted a firm that would do this correctly and be reasonable in cost. Jennifer Wright was a pleasure to work with. She and her staff were professional, knowledgeable, friendly and helpful. They made the experience of probate painless, explained things as we went along, and were clear in their expectation of what they would need from me to move the process forward. I am so glad I found them and appreciate deeply all they accomplished on my behalf.
Chris Smith is a GREAT attorney! I've worked with him personally and referred him to other people. He went above and beyond for me and the people I recommended work with him.