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Uncontested Probate Attorneys in Oklahoma

Facing probate? We’re here to help, so you don’t have to face the complex probate process alone.  

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Trusted for Probate Matters Across Oklahoma

After someone you love dies, it can feel impossible to move forward. The administrative burden of probate is a task that can bring with it a lot of mixed emotions and often frustration, from paperwork to confusing court documents, in addition to the pain of mourning a loved one.    

In Oklahoma, all estates will go through probate with or without the presence of a will, unless the estate is secured in a trust. A probate involves the administrative work of settling the estate and distributing assets to its beneficiaries or heirs.  

Oklahoma probate can be a time-consuming and challenging procedure, depending on a variety of factors such as the size of the decedent’s estate, the number of heirs claiming an interest in the estate, or the amount of debt and number of debtors that the decedent might have had, to name a few. For this reason, most people benefit from engaging a probate attorney to help navigate the legal terrain. 

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Need Help with Probate? We’ll Take it From Here.

Let us handle the paperwork and court appearances, so you can focus on your grief and what comes next. Reach out to our team today to discuss your probate matter with an attorney. 

The Uncontested Probate Process in Oklahoma

Consult and Retain

Reach out to our team to schedule your free consultation with an attorney. From there, if you’re ready to move forward and think we’re the best fit, you’ll get started with your new legal team. 

File Petition

Probate is opened, and all interested parties are formally notified.

Appoint Personal Representative

The court approves and appoints an executor or administrator to manage the estate.

Collect and Value Assets

The representative gathers estate property and determines each asset’s fair value.

Distribute Remaining Assets

The remaining property is given to heirs and beneficiaries according to the will or law

Close the Estate

The representative files final documents with the court to officially close the probate case.

Settle Debts and Taxes

Valid creditor claims, expenses, and any taxes owed are paid from the estate.

Frequently Asked Questions About Uncontested Probate

What is uncontested probate? Uncontested probate is the standard process of administering a person’s estate after they pass away. This process ensures that debts are settled and assets are distributed according to the will — or, if there is no will, according to Oklahoma’s laws of intestate succession. In an uncontested probate, no party disputes how the estate should be handled, which helps the process move more smoothly through court.
Do I have to hire an attorney for an uncontested probate?

Hiring an attorney isn’t required by Oklahoma law, but it’s highly recommended – and not just because we’re attorneys. Probate involves a series of detailed filings, deadlines, and legal requirements that can be confusing or time-consuming if you’re not familiar with the process. An experienced probate attorney can streamline the process, reduce delays, and help you avoid costly mistakes. 

Many of our clients come to us after trying to navigate probate on their own. They often find that working with an attorney saves time, reduces stress, and helps ensure everything is handled correctly the first time. 

Read: "Do You Need a Lawyer for Probate?" 
What happens if there wasn't a will?

If someone dies without a will — known as dying intestate — the estate still goes through probate. In this case, the court oversees the process and determines how assets are distributed according to Oklahoma law.

Typically, the estate is divided among the closest surviving relatives, such as a spouse, children, or parents.
How do I avoid probate?

The most effective way to avoid probate is to create and properly fund a trust during your lifetime. When assets are placed into a trust, they’re legally owned by the trust — not the individual — so they can be distributed directly to beneficiaries without court involvement. 

A will alone does not bypass probate. If you pass away without a properly-funded trust or other estate planning tools in place, your estate will still go through the probate process. 

Learn more about trusts and estate plans in Oklahoma, and the process for getting started.
How much does probate cost?

Probate costs can vary depending on the complexity of the estate and the time involved. All cases include court filing fees and, if you hire an attorney, legal fees based on the time required to complete the process. 

Our dedicated Probate team focuses exclusively on probate law, which means you benefit from attorneys who handle these matters efficiently and with care. 
What if I'm not sure if the will is valid?

If you have concerns about the validity of a will — whether due to questions of capacity, outside influence, or possible forgery — you may need to pursue a contested probate.

This is a separate part of the standard probate process that must be resolved before an estate can finalize administration. Our team can help you evaluate the situation and determine the best next steps.
How long does probate take in Oklahoma? That depends on the complexity of the estate and whether there are any disputes. On average, uncontested probate in Oklahoma can take anywhere from four months to a year. The process includes notifying creditors, addressing debts, and distributing assets, all of which take time to complete properly.
What assets have to go through probate?

Generally, any assets that the decedent owned at the time of their death must go through probate. This includes real estate, vehicles, or bank accounts without joint ownership or beneficiary designations. 

Assets held in a trust, jointly owned property, and accounts with payable-on-death, transfer-on-death, or other beneficiary designations typically avoid probate. 
Does every estate have to go through probate? Not always. Smaller estates may qualify for a simplified process called summary administration or small estate affidavit, depending on the value of the estate and the types of assets involved. An attorney can help determine whether your situation qualifies for one of these faster, more streamlined options.
Who serves as the personal representative (executor)? If the deceased left a will, it typically names an executor to manage the estate. If there’s no will, or the named executor can’t serve, the court will appoint an administrator based on Oklahoma law and willingness to act as the personal representative.
What happens to debts during probate?

Before any assets are distributed, the personal representative must identify and pay valid debts, taxes, and expenses owed by the estate. Creditors are notified and given a set period to file claims. Any remaining assets are then distributed to heirs according to the will or Oklahoma law.
Can probate be handled remotely or online? Many parts of the process can now be managed electronically or through virtual hearings, depending on the county. At Ball Morse Lowe, we use secure, modern tools to keep the process as convenient and efficient as possible for our clients.
What if there are assets in more than one state? If the deceased owned property in another state, a secondary probate process — called ancillary probate — may be required there. Our team can coordinate both proceedings to help streamline the process and minimize complications.