QUESTION
In Oklahoma, does having a last will and testament automatically send an estate to probate?
Asked on Jan 29th, 2021 on Wills and Probate - Oklahoma
More details to this question:
I know someone named personal rep. in his father's will (no spouse) who is legally trying to avoid going to court if possible. The car title has been transferred. There is no real property. The personal property is not joint owned. His life insurance is FEGLI which may or may not have named beneficiaries. Regardless, it states that a policy will pay out to the adult offspring (in this case) unless there is a court order which there isn't. He has no other assets except collectibles like stamp albums. He has received conflicting advice on how to procede for an estate that is likely worth less than $50,000.
1 ANSWER
No, wills do not automatically open or always require opening probate, but anyone with an interest in the estate can file a Probate action and challenge the transfer, appraisal or liquidation of property. It is very important to discuss the actually details with an attorney, if the Personal Representative is not utilizing an attorney, you may want to ask them if they could outline their thoughts on each issue.
Answered on Feb 08th, 2021 at 9:36 AM