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Summary Administration

Oklahoma law provides for Summary Administration proceedings in Title 58 O.S. Section 245, which can be a quicker process than traditional probate proceedings. However, Summary Administration is only available if certain qualifications are met.

In order to qualify for Summary Administration proceedings, the following qualifications must be met:

  • The value of the estate must be less than or equal to $200,000; or
  • The deceased individual must have been deceased for more than 5 years; or
  • The deceased individual must have resided in another jurisdiction at time of death.

If a necessary qualification is met, some of the advantages of Summary Administration might include one less court hearing (typically), combined notices to heirs and creditors, and fewer necessary documents to be filed with the court.

Summary Administration proceedings are usually completed more quickly than traditional probate proceedings for the following reasons:

  • The Petition and Combine Notice are filed at the same time.
  • The Letters Testamentary or Administration (appointing the personal representative of the estate) may be obtained without notice or a hearing if:
  1. The proposed personal representative is named in will;
  2. The proposed personal representative has prior right to appointment; or
  3. Waivers of those with a right to appointment are filed with the petition.
  • Creditors have 30 days to present claim or barred.
  • The final hearing is not less than 45 days following order admitting petition and combined notice.

While not always practical depending on the assets of the deceased individual’s estate (for example, if it includes real estate such as a house, land or commercial building), if the qualifications for Summary Administration can be met, it can be a very valuable time-saving Oklahoma probate procedure.

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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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