• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Probate » How Long Will It Take to Probate My Father’s Estate?

How Long Will It Take to Probate My Father’s Estate?

February 18, 2020 by Larry Parman, Attorney at Law

Oklahoma City probate attorney

Dealing with the loss of a father is never easy. When you are also in charge of probating your father’s estate, it can be a particularly stressful time as you try to manage your grief and focus on administering the estate at the same time. If this is also your first time acting as an Executor, you may know very little about the probate process. To give you some idea how long it will take to probate your father’s estate, an Oklahoma City probate attorney at Parman & Easterday explains how long it takes to probate a typical estate in Oklahoma.

What Happens during the Probate Process?

If you have never before been involved in the probate of an estate, you first need to gain a basic understanding of what happens during probate. Probate is the legal process that is responsible for transferring estate assets to the intended beneficiaries and/or heirs of the estate. Unless specific planning was created to help avoid the process, most estates are required to go through some form of probate. Common steps in the formal probate process include:

  • Identifying, locating, and valuing all estate assets.
  • Opening the probate of the estate by filing a petition, along with an official death certificate, in the appropriate court.
  • Notifying creditors of the estate that probate is underway.
  • Identifying, locating, and notifying beneficiaries and/or heirs of the estate that the estate is being probated.
  • Reviewing and approving or denying creditor claims.
  • Prioritizing and paying approved claims.
  • Selling assets, if necessary, to pay creditors.
  • Defending any challenges to the Will or litigating any claims made by creditors.
  • Calculating and paying federal (and state, if applicable) income, gift and estate taxes
  • Effectuating the legal transfer of the remaining assets to the named beneficiaries and/or legal heirs of the estate.

How Long Does Probate Take in Oklahoma?

Because every estate is unique, the probate process is never exactly the same for any two estates. Nevertheless, in Oklahoma you can expect it to take a minimum or about four to six months to probate even a relatively simple estate if that estate is required to go through formal probate. The reason for this is that creditors have at least two months, after being notified that probate in underway, to file claims against the estate. An Executor must wait out that period, review all claims filed against the estate, challenge those that may not be appropriate, and pay all approved claims before probate can be concluded. Consequently, it is common for even a relatively modest estate to spend six months or longer in probate. In addition, a variety of obstacles and speed-bumps can create further delays to concluding the probate process, For example:

  • The estate’s size, value, and the type of assets involved. Though not always the case, the more valuable and complex the estate’s probate assets are, the higher the likelihood of a delay during probate.
  • Is the estate eligible to use the small estate alternative to formal probate?  Oklahoma, like most states, offers an alternative to formal probate for small estates that qualify. As of 2019, estates with an overall value of less than $200,000 may qualify to use this summary probate. If your father’s estate is eligible, it can make the probate process move considerably faster.
  • Were probate avoidance strategies used by your father?  A well thought out estate plan can include several helpful probate avoidance tools and strategies that can significantly reduce the time the estate spends in probate. Leaving behind as few probate assets as possible, for example, is an excellent probate avoidance strategy. Some assets, such as assets held in a trust, are considered non-probate assets and bypass the probate process altogether.
  • Involvement in litigation during the probate process. If someone challenges the validity of the Will, for example, it effectively stops the process in its tracks until that challenge is litigated. Until the Will is declared to be valid, probate cannot reach a conclusion.

Contact an Oklahoma City Probate Attorneys

For additional information, please join us for an upcoming FREE seminar. If you have additional questions or concerns regarding the probate of your father’s estate, or if you would like assistance during the probate process, contact an experienced Oklahoma City probate attorney at Parman & Easterday by calling 405-843-6100 to schedule your appointment today.

How do I know if an estate qualifies for a small estate alternative?

There are general guidelines; however, those guidelines are subject to change and they don’t always cover everything. Before you make the assumption that an estate qualifies, it is always best to consult with an experienced probate attorney to be certain.

What happens if the Will is declared invalid?

If the Will is declared invalid, the court will look for another valid Will. If a Will is not found, the estate will still be probated. However, estate assets are distributed according to the state intestate succession rules.

Is an Executor entitled to a fee for his/her services?

Absolutely! It can be very time consuming to serve as an Executor. With that in mind, an Executor is entitled to a reasonable fee for his/her services. The fee is paid out of estate assets.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023
  • 4 Things Trusts Do That Wills Can’t Do - January 24, 2023

Filed Under: Probate

Other Articles You May Find Useful

Probate: Why You Should Avoid It
Why Do People Avoid Probate?
executor
Steps That an Executor Must Take to Settle an Estate
probate 1
Avoid Probate the Right Way
Why is Avoiding Probate So Important?
Why Is Avoiding Probate So Important?
When Might an Estate Accounting Be Required?
When Might an Estate Accounting Be Required?
oklahoma probate laws
What Executors Need to Know About Oklahoma Probate Laws

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube