Oklahoma Probate Attorney

Probate Attorneys In Oklahoma City, OK Here To Provide Legal Assistance In A Time Of Grief

Dealing with the loss of a loved one can be an overwhelmingly emotional and painful time, which only complicates the already complex process of dealing with estate and probate matters. Terrell Monks and Shanika Chapman are compassionate, experienced, and knowledgeable probate attorneys who have helped hundreds of clients through these difficult times. With locations in Oklahoma City  and Edmond, the probate attorneys at Oklahoma Estate Attorneys, PLLC are ready and eager to hear from you today.

When Is Probate Necessary?

When someone dies with a will, the will must be proven, and in order for it to be proven, it must be probated in court. Many people operate off of the assumption that the family members and friends of a deceased individual can simply divide the property in accordance with the wishes stated in the will, but this can lead to all kinds of legal problems, disputes, and arguments. In order to ensure that an individual’s property is truly handled in accordance with their wishes, the probate process must occur. Unfortunately, this process can be challenging and time-consuming, with a number of technical aspects that for the most part, only experienced probate attorneys are suited to deal with. The probate attorneys at Oklahoma Estate Attorneys, PLLC in Oklahoma City, and Edmond, OK are here to help.

What Does The Probate Process Involve?

In dealing with a will, the first order of business for the probate court is to deem the will valid. Once that’s been done, the court will appoint the personal representative of the will, who in most cases will have been named in the will by the decedent. Once appointed by the court, the personal representative will take on a number of responsibilities, including the following:

• Notifying the creditors and heirs of the deceased- There are certain rules that must be followed in order to ensure that all creditors and heirs or beneficiaries of an estate are notified that the individual has passed away and that their will is being probated in court. Once notified, creditors have a specific time period within which they must respond and file claims for debts they believe they’re owed. Missing required steps or allowing creditors to respond past the deadline could result in the loss of property and funds that could otherwise be kept for the benefit of the decedent’s loved ones. The probate attorneys at Oklahoma Estate Attorneys, PLLC in Oklahoma City, OK will ensure that the notification process is done properly so as to expedite and make as smooth as possible the process of administering the property of the estate.
• Paying off any debts owed by the deceased- Creditors must be paid prior to the distribution of assets to beneficiaries, and a personal representative can run into serious legal complications if they make an error in this regard or fail to appropriately pay a creditor who has a valid claim. In some cases, real estate may need to be sold in order to cover the debts owed. This is a critical step in the probate process in Oklahoma City, OK, and the right attorney will be able to make it happen as efficiently and smoothly as possible.
• Completing an inventory of the estate- Completing an inventory of an estate means documenting every item in the estate along with its value. In some cases, an appraisal of certain items may need to be done in order to identify their value. Once complete, this list will be submitted to the probate court.
• Handling, distributing, or selling property of the estate- The personal representative of the estate will be in charge of managing and distributing the assets in accordance with the will. If items need to be sold in order to cover the debts of the estate or for any other purpose throughout the process of estate administration, the personal representative—along with the assistance of a probate attorney in Oklahoma City, OK—will be responsible for ensuring that those processes are completed properly.
• Dealing with tax-related issues- In Oklahoma City, OK, a deceased person’s estate is treated as its own taxable entity, and as such, a tax return that is specific to the estate will need to be filed. In addition to this, the personal representative of the estate will be responsible for filing a tax return on behalf of the deceased individual. Depending on the assets involved in an estate, additional tax-related matters may need to be addressed. In order to avoid making costly errors during the process of dealing with an estate and a decedent’s tax-related issues, it is advisable for a personal representative to obtain the assistance of an experienced probate attorney.
• Fulfilling requests made by the probate court- During the probate process, the personal representative will be in frequent communication with the probate court in order to fulfill their requests and keep the process moving.

While all of this may seem overwhelming, an experienced probate attorney in Oklahoma City, OK will be able to explain the ins and outs of every step and ensure that everything is completed an accurate and timely manner.