SMALL ESTATE AFFIDAVIT

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Small Estate Affidavit


In certain instances, people entitled to inherit assets from a deceased individual might be able to do so through a small estate affidavit provided for in Oklahoma statute 58 O.S. Section 393. This approach is only available if the fair market value of the estate, less any liens and encumbrances, is not more than $50,000. If the estate is sufficiently small to qualify for the small estate affidavit, the person(s) inheriting the estate may be able to avoid the court proceedings of probating the estate.

In addition to the ability for small estates to transfer to each claiming successor by an affidavit described in 58 O.S. Section 393, Oklahoma also has a separate statute for parties claiming a severed mineral interest from a decedent. This statute is found in 16 O.S. Section 67. While certain requirements must be met before a severed mineral interest claimed through affidavit can be vested with marketable title, it is often a useful tool in instances where the severed mineral interest might not hold much current value.

In most instances, estates in Oklahoma will require court-involved probate proceedings. However, the above statutes allowing for affidavits in certain limited circumstances, provide useful alternatives to court proceedings when all of the relevant requirements are met.

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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.

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Ball Morse Lowe, PLLC, serves businesses and individuals throughout Texas, Oklahoma, and Colorado. As a full-service law firm, we provide legal solutions in matters involving oil and gas law, estate planning, family law and personal injury. You can depend on Ball Morse Lowe, PLLC, for sound advice, sensible solutions and vigorous representation.

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What Our Clients Say


John C.

★★★★★

Great advocacy, and excellent at keeping client informed about options.

Sarah C.

★★★★★

Jennifer assisted us in making a trust, and all of the additional documents that go with it – advanced directives, powers of attorney, etc. She was professional, knowledgeable, cheerful, personable. We are very happy with our association and look forward to doing business with them in the future!

Theresa H.

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I enjoyed meeting and talking with Mr. Bottomly. He was easy to talk to, and I left feeling confident that should I end up needing legal assistance, working with Mr. Bottomly would be a positive experience. Thank you.

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Quality attorneys representing my wife and me in a difficult situation. Always responsive, professional and advanced the clients best interests. Always had direct access to our attorney. Thanks so much.
Don and Kay Holladay

★★★★★

Technically A Director

I recently needed advice regarding a property matter. I was able to make an appoinment in a timely manner and received the help I needed. Mr. Morse not only had the specialized knowledge necessary to guide my decision, he and his staff were kind and considerate. 

Carolyn T.

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I have used Ball Morse Lowe for both business and personal reasons. Parker Lowe handles my oil and gas issues and Bow Bottomly recently represented me in divorce proceedings. The staff has always been very helpful and even though I am not a big client, they never make you feel that way.

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