Surveys consistently show that the vast majority of people in the United States do not have estate plans in place. A lot of them know that in a perfect world, they should have a plan, but they assume the state will take care of everything effectively if all else fails.
Is this really true? Let’s take a look at the fallout from dying intestate, which is the condition of passing away without any estate planning documents directing asset transfers.
Probate Court Proceeding
When you die without a will in Oklahoma, the probate court takes control of your estate. The court appoints an administrator to manage everything, including gathering assets, paying debts, and distributing what remains to your heirs.
This person is often a family member, but it might not be the one you would have chosen. For example, the estate of former NFL player Steve McNair shows how problems can arise without a plan.
He died intestate, and although his widow was appointed to handle the estate, there was confusion and tension among relatives. McNair’s mother had to move out of the home he purchased for her to live in because she had no legal claim to the property.
This case demonstrates how intestacy can create stress and hardship for the people you care about most.
Inherent Drawbacks
Beyond the question of who controls your estate, probate itself takes time and money. The process will last many months or even longer if disputes arise.
During that period, your loved ones might struggle with expenses, paperwork, and uncertainty. Probate also comes with court costs, executor fees, and potential legal expenses that reduce the value of your estate.
Another drawback is the loss of privacy. Once your estate goes through probate, the records become part of the public file and anyone can review details about your property, debts, and beneficiaries.
Intestate Succession
If you do not create a will, your property passes according to Oklahoma’s intestate succession laws. These laws set out a fixed order of inheritance that may not reflect your wishes.
Avoiding Intestacy With a Simple Will
Creating a will is the first step to avoid intestacy. A will allows you to name an executor, decide how your property should be divided, and name guardians for minor children. This gives you a measure of control that intestate succession cannot provide.
However, it is important to understand that a will still goes through probate. Your executor must submit the will to the probate court, pay creditors, and account for all distributions.
This process remains public and can take time to resolve. Still, having a will is far better than leaving everything to chance.
Revocable Living Trust
If you want to avoid probate and intestacy with one efficient step, you should consider creating a revocable living trust.
With this arrangement, you transfer ownership of your assets into the trust while you are alive. You can serve as the trustee and retain control during your lifetime. After you pass away, the successor trustee you name will distribute the assets according to your instructions.
A revocable living trust provides several benefits. First, it avoids probate, which saves time and keeps your affairs private.
Second, it allows for continuous management if you become incapacitated. Third, it can help reduce the risk of family conflicts because your wishes are clearly documented and do not require court supervision.
Creating a living trust requires careful planning and precise legal documents. You should work with a licensed estate planning attorney who can help you decide whether this approach is right for you.
Attend a Learning Event!
If you would like to make an initial connection with our firm and learn a lot in the process, attend one of our upcoming seminars. We have estate planning offices in Oklahoma City and Tulsa, so the events are held at desirable venues in these areas.
They are offered on a complimentary basis, and you can head over to these pages to get all the details:
- OKC estate planning events
- Tulsa, OK estate planning events
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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