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Ancillary Probate

Enid Ancillary Probate Attorneys Guide Clients Through the Process

Lawyers skilled in Oklahoma property distribution for out-of-state decedents

When a person from outside of Oklahoma dies owning property within the state, that property may have to go through a process known as ancillary probate. Our attorneys at Long, Claypole & Blakley Law, PLC in Edin are well-versed in these special proceedings, which often apply to decedents’ interests in oil and gas and other mineral resources. If you own property in more than one state and would like your heirs to avoid ancillary probate in Oklahoma, we can advise you on how to transfer property rights through a deed, trust or other means. We also represent executors and estate administrators in probate court proceedings.

Thorough lawyers assist with all aspects of estate management and distribution

It is not uncommon for people outside of Oklahoma to own mineral rights or other property in Oklahoma. In order for an estate executor to formally distribute a deceased’s Oklahoma-based property, he must first probate the will in the deceased’s state of residence. Then, he must submit certified copies of the following documents to the Oklahoma court in the county where the property is located:

  • Will — The deceased’s will should be included in full. If the property owner died without a will, the ancillary probate can still go forward based on other documentation.
  • Probate or administration order — The estate representative must submit the court order from the deceased’s home state admitting the will to probate or appointing an estate administrator.
  • Distribution order — The home state’s court order distributing estate property to beneficiaries can provide guidance to the Oklahoma court for distributing property under its own jurisdiction.

Our firm assists clients to obtain the requested court orders or other documents needed to initiate ancillary probate proceedings.

Reputable attorneys deal with special probate issues concerning mineral rights

Claiming the mineral rights left by a loved one requires an attorney knowledgeable in this particular area of law. Oklahoma oil and gas companies that use land for which any person holds mineral rights must make owed lease or production payments. Even if the rights owner dies without claiming payments — which may be held by the state if the owner cannot be located — his beneficiary can claim those payments years later. A person who inherits mineral rights in Oklahoma can decide to hold onto the rights or sell them.

Assisting owners with estate planning to avoid ancillary probate

If you own property in Oklahoma but live outside the state, you can take measures in your estate plan to help your loved ones avoid ancillary probate. You may want to transfer ownership while you are still alive or place your property in a trust for future distribution. Our attorneys can work with you to create a plan that suits your situation and goals.

Contact helpful Oklahoma ancillary probate attorney to schedule a consultation

If you inherit property or mineral rights in Oklahoma and must go through ancillary probate, our seasoned lawyers at Long, Claypole & Blakley Law, PLC in Enid can provide informed assistance. To arrange for a consultation, call our Garfield County office at 580-599-0191 or contact us online.

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Our Office
  • Enid Office
    122 W. Randolph Avenue
    P.O. Box 3623
    Enid, Oklahoma 73701
    Phone: 580-233-5225
    Fax: 580-233-3522