This is the final blog in our series on inheritance laws and probate navigation in Oklahoma. In the last article, we discussed whether a parent’s estate must go through probate in both circumstances – with and without a valid will.  In this post, we will do a brief recap of the topics we discussed throughout the series.

Navigating probate while grieving is emotionally challenging. Rest assured, Niroula Law is here to help.  If you are going through or about to initiate a probate proceeding and seek legal counsel, please reach out online or by telephone.  Our dedicated team will give your case the attention and assistance it deserves throughout the entire process.

Some of the topics that we covered in this series are:

We chose these topics for many reasons. First, there seems to be much confusion around the inheritance laws and it’s interplay with the last will.  This article sheds some light on the implications of dying intestate and the disposition of an estate when there is a valid will.  It also outlines the respective shares of various relatives such as a spouse, child, and parents under the Oklahoma intestate succession laws.

Second, although the word itself is used commonly, very few people know what a probate proceeding is and the steps involved.  This post discusses the origin, procedure, time limits, and purposes associated with a probate proceeding.  It dives into the interplay between testamentary instruments such as a will or a living trust and probate and explains the implications of these tools in disposing of the estate. 

Third, inheriting a home makes you a homeowner, but it is also burdened with the responsibilities inherent in owning a property.  This post focuses on the scenario when you inherit a mortgaged home from a parent.  It further discusses the financial and tax obligations that may fall on an heir after inheriting a mortgaged home.

Fourth, the understanding of probate is incomplete without knowing the differences between probate and non-probate properties.  The properties that pass through a will or intestacy laws are called probate properties and must go through probate.  However, the properties that pass through the operation of contract or law are called non-probate properties and are disposed of outside the probate process.  This article discusses some examples of probate and non-probate assets and their disposition.

Fifth, this article discusses the scenario where one inherits a vehicle in Oklahoma.  The next step is to re-title the vehicle so it can be registered under your name.  Depending on how the estate business is handled there are a few ways for an heir to re-title the vehicle in his name.  For instance, in the absence of probate and a valid will, you may re-title a vehicle in your name by using a Motor Vehicle Small Estate Affidavit.  Whereas you must file a No Administrator Affidavit if the relative died with a valid will.

Sixth, it’s important to be aware of the financial and legal responsibilities that come with inheriting a home.  The mortgage, insurance, and tax obligations stay with the property even after the owner passes away and the property is passed down to you.  Before deciding to keep the inherited property, it’s imperative to know the types of expenses you are on the hook for.

Seventh, and the last post answers commonly recurring questions of whether a parent’s estate must go through probate. The article sheds light on both estate types, the one with and without a valid will.  Plus, it touches on the topic of summary probate and small estate affidavits instead of full probate.

OKC estate planning and probate attorney

Niroula Law, an estate planning and probate law firm in Oklahoma City, is dedicated to supporting families like yours during challenging times.  Our passion is guiding family members like you with compassion through the probate process.  Whether you are drafting an estate plan or navigating probate, we are here for you.  Contact us online or by telephone to get in touch with an estate planning law firm and speak to a probate attorney.  Proudly serving Oklahoma, Cleveland, and Logan County.