An Oklahoma City probate lawyer can help you to understand what your rights are during the probate process. If you are the executor of an estate, you have many responsibilities that you must fulfill during probate. If you are one of the heirs or beneficiaries who stands to inherit, you have much at stake during the probate process since the money and property the deceased left behind should be transferred to you at the end of probate. If you believe that the last will and testament being presented to be probated is not a valid reflection of the wishes of the deceased (the decedent), then you have a responsibility to make a compelling argument to the court.
Parman & Easterday can help you, whichever of these roles you are fulfilling during probate. Coping with the probate process can be very overwhelming and difficult as you also struggle with the life-changes and the grief that come with the death of a loved one. Our legal team is here to make the probate process as easy for you as possible by working closely with you to fulfill your obligations and protect your rights.
You should give us a call to find out about the help we can provide and to get answers to questions you have about the probate process. You can also review some Oklahoma City probate resources here, but remember that there is no substitute to getting advice from a compassionate and qualified legal professional who understands the specifics of your situation.
Oklahoma City Probate Court Information
Many important proceedings take place in the probate court. The website of the Court Clerk for Oklahoma County indicates that the proceedings which take place during probate include probate of an estate, guardianship, and adoptions. Probate is the process by which the affairs of an estate are wound up and assets are transferred to new owners after a death. Guardianship is the process by which a guardian is appointed to a person who lacks capacity to act on his or her own. Children under 18 can have guardians, as can physically or mentally ill adults who cannot manage their own affairs.
The Court Clerk’s office also stores wills for safe keeping, according to the Clerk’s website. You can have your will stored with the Court Clerk so you can make certain that a copy of your most up-to-date will can be accessed after you pass away.
The probate department of the Oklahoma County court can be reached at 405-713-1724. You can also access answers to frequently asked questions about the probate process by visiting the website of the Court Clerk for Oklahoma County. Some of the questions that you can find answers to include how to file a probate and whether or not you will need legal help to go through probate proceedings.
Resources for Executors
When a will is created, the creator typically selects an executor of an estate. The creator of a will can name a person who will serve as executor, but the court also must appoint the designated person. Serving as an executor can be a big responsibility. It is the job of the executor of an estate to file court paperwork and to otherwise oversee the entire formal legal process associated with facilitating the transfer of assets.
The Executor can find the relevant forms that must be submitted to the probate court on the website of the Court Clerk of Oklahoma County . There are forms for probate with a will, forms to admit the will to probate, forms to submit an estate to probate without a will, and more. An executor of an estate needs to know both which forms to make use of and how to complete those forms correctly. This can be complicated, but having a qualified legal professional to represent you can make the process of serving as an executor of an estate easier.
The executor of an estate is also considered to be a fiduciary, which means that understanding the fiduciary duty can be vitally important to an executor who wants to fulfill his obligations to the best of his abilities.
Estate Tax Resources
After a death has occurred, estate tax may be owed on larger estates. To find out about the rules for estate tax, you can visit the website of the IRS. This website explains the circumstances under which a death can necessitate that the estate pay a tax to the federal government. When estate tax is assessed, the estate is the one that must pay the tax bill. Of course, this reduces the value of the estate and thus essentially reduces the inheritance heirs or beneficiaries will receive since there will be less money available after the government takes a substantial portion of it.
Oklahoma used to have an estate tax, but the estate tax was repealed for deaths occurring after January 1, 2010. You can visit the website of the Oklahoma Tax Commission to find out more about the repeal of the estate tax and to learn details about other taxes that might have to be paid as assets transfer from one owner to another owner after a death
Getting Help from an Oklahoma City Probate Lawyer
An Oklahoma City probate lawyer at Parman & Easterday is the best resource you can have during the probate process. While probate can be a complicated and difficult process to get through, having a qualified legal professional on your side makes probate much easier to handle. Our legal team represents executors of an estate, heirs or beneficiaries, individuals who wish to contest a will, and anyone else who has a role to play during the process of probating a will.