11th Jan 2016
When a decedent owns property in their home state and also Oklahoma (first foundational requirement) and there has been an estate or probate proceeding in the home state (second foundational requirement), the question become whether documents required under Oklahoma’s ancillary statue can be obtained from the home proceeding (third foundational requirement – and subject of the last post).
The requirement that is sometimes an issue is: an order distributing the estate. In many states this is not a problem. However, some states have informal procedures (at least in certain circumstances) that do not end with a judicial final decree of distribution from a court. I encounter this frequently in dealing with estates from Texas, for example.
If the home or domiciliary estate does not have an order distributing, there is no need for great concern. You can get to the same place in Oklahoma, there might just be a bit of extra time and expense in getting there. And you cannot get there through Oklahoma’s true ancillary statute Okla. Stat. tit. 58 § 677 – you will have to use the conventional probate procedure or some other path.
The next post will address the content of a domiciliary final decree distributing the estate.
If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at firstname.lastname@example.org 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.