Probate is the court-supervised process of finalizing a person’s estate after he or she has died. It includes verifying the validity of the will, taking inventory of the property left by the deceased, having the property appraised, paying off the debts and taxes, and distributing the remainder of the proceeds in accordance with the decedent’s will or, if there is no will, Oklahoma intestate law.
Probate in Muskogee, Oklahoma
Usually, the person named as executor in a person’s will is responsible for handling probate in Muskogee, Oklahoma as well. However, if the will does not name an executor, the probate court will appoint someone to administer the estate during probate. Typically, this person will be a close relative or friend of the deceased, or the person who inherits the largest share of the decedent’s estate.
If the estate does not have to go through probate, the state will not appoint an administrator, and the family and friends of the deceased will choose someone from amongst themselves to represent and finalize the decedent’s estate.
There is, however, no obligation for the person named in the will to serve. If the person elects to resign, the probate court will appoint the alternate personal representative named in the will. If none of the persons named in the will are able or willing to administer the estate during probate, the court will appoint someone else.
Since the personal representative you designate needs to abide by the terms of your will, or the rule of intestate succession laws when there is no will, he or she should be someone who is honest, responsible and organized. Because the personal representative often has to deal with financial or complex legal situations, it is common for this person to be a lawyer or accountant who has a personal interest in the decedent’s family or who is familiar with the decedent’s affairs.
Probate law is complex and there are a variety of things that can go wrong if you attempt to navigate the law without the help of an attorney. Thus, when planning how your estate is to be managed in the event of your death or when you cannot manage it yourself, it is advisable to consult with an experienced probate attorney.
Free Consultation: Muskogee Probate Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a free consultation today at (918) 913-0725 or call toll-free at (888) 447-7262. If you prefer to contact a Muskogee probate attorney by email, please use the form at the top of this page.