Ancillary Probate Series – Part 6: No Home State (“Domiciliary”) Probate

If a decedent dies in any of the other 49 United States owning property in their home state but also owing property in Oklahoma (see prior blog posts here and here about common examples of multistate ownership that I see), that meets the first foundational requirement for an ancillary probate in Oklahoma.

The second foundational requirement is whether there was an estate or probate proceeding in the home state.  If so, an ancillary probate in Oklahoma may be possible and necessary.

However, sometimes for a number of factors there was no home or domiciliary probate.  This could be because the way the property was titled, the specifics of that state’s laws, or other reasons.

In that case, there could be no ancillary probate in Oklahoma because there has been no domiciliary probate in the home state.  However, some type of probate in Oklahoma would still be required.

Just because a certain state did not require an estate under their laws, Oklahoma may still require a procedure to deal with the houses, farm or ranch land, minerals, or other property in its jurisdiction.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at coryhicks@fieldandhicks.com or using any of our contact information in the profile.  You can also visit www.fieldandhicks.com for more information.

This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.