23rd Dec 2015

Earlier in this series, we laid out a first foundational requirement and a second foundational requirement for an ancillary probate in Oklahoma.  The first dealt with whether a decedent owned property both in their home state and Oklahoma.  The second dealt with whether there was an estate or probate proceeding in the home state.  If both of those can be answered with a “yes,” a third foundational requirement must be examined.

The third foundational requirement is that to file an ancillary probate in Oklahoma, the Oklahoma attorney must obtain and attach to the petition certified copies of the following three documents from the home state or domiciliary probate under Oklahoma’s true ancillary statue Okla. Stat. tit. 58 § 677:

     1.     Last will and Testament (obviously would not be required in an intestacy or no will situation);

     2.     An order admitting the will to probate (or order appointing the administrator in an intestacy or no will situation);

     3.     An order distributing the estate;

The next post will look at some specific issues under this third foundational requirement.

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.

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