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.

Why Call Ball Morse Lowe?

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, 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.

Attorneys With Experience & Resources That Work For You

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.

GET A FREE CONSULTATION

877-508-4265

WE ARE AVAILABLE 8:00 AM to 5:00 PM MONDAY THROUGH FRIDAY

Our Team of Highly Skilled Attorneys Can Help

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.

Call Ball Morse Lowe today at (877) 508-4265 to receive your consultation with our client intake team.

What Our Clients Say

Jason Fox

★★★★★

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.

James Floyd

★★★★★

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.

Heather Ward

★★★★★

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!

Jon Dean Green

★★★★★

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.

Kris Murray

★★★★★

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.

Oklahoma

Texas

Colorado

Oklahoma City

Dallas

Denver

SMALL ESTATE AFFIDAVIT

How can we help you today?