ANCILLARY PROBATE IN OKLAHOMA

Ancillary (Non-Resident) Probate

If an individual died outside of Oklahoma, but owned property located in Oklahoma, the Oklahoma assets may have to go through probate within the State of Oklahoma. One common occurrence is that a non-resident’s estate is probated outside of Oklahoma, but the non-resident decedent owned real property within Oklahoma. Because only Oklahoma courts have jurisdiction over real property located within Oklahoma, it will be necessary to conduct Oklahoma probate proceedings for the estate of the non-resident decedent. These proceedings are generally referred to as “Ancillary” probate proceedings.

One avenue for such a process is through Summary Administration proceedings.

Another avenue for ancillary proceedings is via the traditional probate proceedings.

A third possibility for ancillary proceedings is via Title 58 O.S. Section 677. The advantages of proceeding under this statute are:

• It is typically much faster.
• If notice to all known or reasonably ascertained creditors has been given in the domiciliary proceedings, that step may be skipped entirely.
• If there is no objection by an interested party or creditor (or the objection is determined to be meritless) and proper procedures are followed, the court shall/may enter an order distributing the Oklahoma property (depending upon the status of the domiciliary proceedings).

In order to qualify for 58 O.S. §677, the following must be true:

• The decedent must be a nonresident and own Oklahoma property; and either:

1. if the decedent died testate, then a petition that complies with 58 O.S. § 677 must be filed having attached:

                        (a)        a duly certified copy of the last will and testament,

                        (b)        an order admitting the will to probate in another jurisdiction, and

                        (c)        an order distributing the estate from the domiciliary probate proceedings;

                        OR

2. If the decedent died intestate, then a petition that complies with 58 O.S. § 677 must be filed having attached:

                        (a)        a duly certified copy of the order appointing personal representative; and

                        (b)        an order distributing estate from the domiciliary estate.

While there are many factors and every case is different, a general overview of Oklahoma ancillary probate proceedings under 58 O.S. § 677 is as follows:

• If the domiciliary state lacks a procedure for giving notice by mail to Oklahoma creditors, known or reasonably ascertainable, then notice to such creditors shall be given pursuant to Oklahoma law.
• Upon the filing of the petition:

            (a)        the court shall issue an order setting the matter for hearing not less than twenty (20) days thereafter;

            (b)        publication of a notice one time, not less than twenty (20) days prior to the date of hearing; and

            (c)        notice of hearing shall be mailed to all devisees, legatees and heirs at law, including those named in the last will and testament or in the order determining heirs, not less than twenty (20) days prior to the date of such hearing.

• If an interested party or creditor does not file a written objection to the entry of an order distributing Oklahoma property, in accordance with the documents from the domiciliary estate attached to the petition, on or before the hearing date, the court shall enter an order distributing the Oklahoma property in accordance with the last will and testament of the decedent, and if the decedent died intestate, in accordance with the laws of intestate succession of this state.