Oklahoma Small Estate Affidavit: A Complete Guide
If you want to claim ownership of a deceased person’s property in Oklahoma, known as a decedent, you will need to file an Oklahoma small estate affidavit. This document needs to be submitted to the individual or entity that has control over the property. However, you can only claim ownership after all of the decedent’s taxes and debts have been settled. In this article, we will provide you with all the information you need to know about an Oklahoma Small Estate Affidavit.
Before filing the Oklahoma small estate affidavit, there are some relevant laws that you should be aware of:
- Days After Death: The Affidavit must be filed ten (10) days after the decedent's death (58 Okl. St. Ann. § 393(A)).
- Maximum Amount ($): The maximum amount allowed for an estate in a small estate affidavit is $50,000 (58 Okl. St. Ann. § 393(A)(1)).
- Signing: The petitioner has to sign this document in the presence of a notary public who is required to sign and affix their seal.
- Statutes: The Oklahoma Small Estate Affidavit is governed by Title 58 (Probate Procedure), Chapter 8. Sales and Conveyances.
How to File (4 Steps)
Now that you know the laws associated with a small estate affidavit in Oklahoma, we will provide you with a step-by-step guide to filing the affidavit:
- Step 1 – Wait Ten (10) Days: Wait for at least ten (10) days from the date of death before presenting the affidavit to the individual or entity that manages or possesses the desired property.
- Step 2 – No Personal Representative: Ensure that there is no appointment or pending application for an appointment of a personal representative of the estate. You can do this by contacting the county clerk local to the decedent’s residence.
- Step 3 – Complete the Affidavit: Complete the Oklahoma Small Estate Affidavit.
- Step 4 – Present the Affidavit: Present the affidavit to the person or entity that possesses the property in question.
Step 1 – Wait Ten (10) Days
It is essential to wait ten (10) full days from the date of death before presenting the affidavit to the individual or entity that manages or possesses the desired property. This is to make sure that all relevant parties have been informed of the decedent’s passing.
Step 2 – No Personal Representative
Before you file the affidavit, you need to ensure that there is no personal representative for the estate. You can confirm this information by contacting the county clerk’s office local to the decedent’s residence. If there is a personal representative, the small estate affidavit is not applicable.
Step 3 – Complete the Affidavit
To begin, you need to complete an Oklahoma Small Estate Affidavit. This document is available online and can be Downloaded in Adobe PDF format. Fill in all required information as accurately as possible.
Step 4 – Present the Affidavit
After completing the affidavit, it is time to present it to the person or entity that possesses the property you are claiming. This individual or entity has control over the property and must approve the transfer of ownership. If the property is a vehicle, you will need to transfer the title to your name.
How to Write the Oklahoma Small Estate Affidavit
If you want to file the Oklahoma small estate affidavit on your own, it is essential to know how to write it properly. Here’s a step-by-step guide to help you with that:
- Oklahoma County of Filing: Provide the name of the Oklahoma county where you will file this document.
- Affiant for Oklahoma Decedent Estate: You must self-identify as the Affiant seeking the Oklahoma Decedent’s estate. Assume this role by delivering your full name where it is requested.
- Oklahoma Decedent: Document the name of the Oklahoma Deceased to make sure that this document is appropriately directed.
- Oklahoma Decedent Date of Death: At least ten days must have elapsed since the Oklahoma Deceased’s date of death to comply with the requirement. Furnish this date as proof.
- Oklahoma Decedent Name: Complete the statement with the full name of the Oklahoma Decedent.
- Name of Oklahoma Decedent: The name of the Oklahoma Decedent has to be supplied a second time where requested.
- Oklahoma Decedent Property: Define the property owned by the Oklahoma Deceased. This should be a full description of both tangible (i.e. automobile) and intangible property (i.e. bank account) after the remaining debts of the Oklahoma Deceased’s estate have been paid. Be advised that the total value of the Oklahoma Deceased’s property may not have a sum that is greater than the maximum estate value allowed for a small estate as defined by Oklahoma statutes.
- Signature Acknowledgment of Declaration: Sign your name as the Affiant seeking the estate of the Oklahoma Deceased in the presence of a commissioned Notary Public.
- Address of Oklahoma Affiant: Provide your residential address.
- Notary Action Required: The Notary Public must have an active license recognized by the State of Oklahoma. He or she will work on completing the notarization area of this document.
Claiming a deceased person’s property in Oklahoma requires filing an Oklahoma Small Estate Affidavit. This document is governed by laws that must be followed for a successful claim. The laws associated with this type of affidavit and the steps to take to file it have been highlighted in this article to help you with the process. If you need further assistance, it is advisable to consult a legal professional.
Frequently Asked Questions
Below are some common questions that people ask about an Oklahoma Small Estate Affidavit:
- 1. Who can file an Oklahoma small estate affidavit?
Any individual who is seeking ownership of a decedent’s property in Oklahoma can file an Oklahoma Small Estate Affidavit.
- 2. What is the maximum amount allowed for an estate in a small estate affidavit?
The maximum amount allowed is $50,000.
- 3. Can I file an Oklahoma small estate affidavit without a lawyer?
Yes, you can file an Oklahoma Small Estate Affidavit without a lawyer. However, if you are having trouble, it is recommended to consult with a legal professional.
- 4. What is the role of a notary public in filing an Oklahoma Small Estate Affidavit?
The Notary Public acknowledges the affiant’s signature and provides official stamp seals to the document.
- 5. How long does it take to file an Oklahoma small estate affidavit?
The time it takes to complete the filing of the Oklahoma Small Estate Affidavit will depend on how quickly you are able to gather all the necessary information and complete the document appropriately. Most filings take about a week or two to process.