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small estate affidavit

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kurtcobain

Junior Member
What is the name of your state (only U.S. law)? OK

HI, I'm in Oklahoma and having a very hard time getting consistent information regarding probate and small estate affidavit here.

My aunt just died and had about $50K in investments. Is it possible for us to do either the quick probate, or the small estate method in this case? She literally only had that, and is debt-free at this time.

I've read conflicting information on the web, like some sites say as long as it's under $150k and other say as long as it's under $20K, still yet others say $60K is the limit. Please advise,

Thanks
 


anteater

Senior Member
I only see two exceptions to regular administration in the OK statutes:

1) The "quick probate" you refer to if "... it appears that the value of the real and personal property in the estate does not exceed One Hundred Fifty Thousand Dollars ($150,000.00)..."

2) The use of an affidavit when:

58 § 393
A. At any time ten (10) or more days after the date of death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent shall make payment of the indebtedness or shall deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

1. The fair market value of property located in this state owned by the decedent and subject to disposition by will or intestate succession at the time of the decedent's death, less liens and encumbrances, does not exceed Twenty Thousand Dollars ($20,000.00);

2. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

3. Each claiming successor is entitled to payment or delivery of the property in the respective proportions set forth in the affidavit; and

4. All taxes and debts of the estate have been paid or otherwise provided for or are barred by limitations.
 

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