Ancillary Probate Series – Part 9: Content of Home Decree

An order distributing the estate is one of the required documents from the home state / domiciliary administration to file an ancillary administration proceeding in Oklahoma.  In this series, we have laid out three foundational requirements for an ancillary probate in Oklahoma.  The required documents are the third foundational requirement.  And of those required documents, the one that often presents the most difficulty is the order distributing the estate, as discussed in the last blog post.

This post addresses the practical issue of the content of the domiciliary order distributing.

The home state final decree or order distributing does not have to specifically mention the Oklahoma property.  This is a frequent question I receive from non-Oklahoma attorneys when discussing ancillary probate.  In fact, particularly in the areas of real property and minerals, the home state cannot effectively convey Oklahoma property, even if the langue is in the decree.  General distribution language such as the following is usually sufficient:

• “Entire estate to spouse X”
• “All minerals to children A, B, and C in equal shares”
• “All real property to DEF Charity.”

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.  Future posts will go into a bit more depth on the legal framework behind this.

Of course, if there were unusual items to distribute or an unusual distribution pattern or language, it would be prudent to consult with an Oklahoma attorney in advance of the home state distribution to coordinate the language in the domiciliary and ancillary orders.

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.