16th May 2016
As stated in my prior post: “In an ancillary administration, the Oklahoma court will follow the distribution pattern laid out by the home state and apply it to the Oklahoma property.” This post asks the question: why?
Why does Oklahoma follow the distribution pattern of the home state? The influential treatise “Oklahoma Probate Law and Practice” basically comes to to the following conclusion in Section 23.5, summarized in the paragraph below in my own words and understanding:
The decisions of courts addressing this question do not agree on whether the full faith and credit clause of the U.S. Constitution requires the ancillary state to recognize the foreign decree of the home state. In particular, when dealing with real property (land, homes/buildings, fixtures, minerals, etc.), no such recognition is required. It is the state ancillary statute that requires the recognition of the foreign decree; but, even this is not absolute but subject to jurisdictional questions that can be raised, such as to residence.
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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.