Probate is the legal process required for estate administration. The probate court supervises the administration of your estate when you maintain personal possession of your property and arrange for its distribution via the terms of a simple will. It operates primarily on property you had titled in your individual name.
This process can be time-consuming, and there are a number of different expenses that can present themselves during probate. For this reason many people choose to implement probate avoidance strategies.
One of these would be the creation of a revocable living trust. You name a trustee to administer the funds titled in the trust’s name after your passing and beneficiaries who would receive distributions.
These monetary distributions would not be subject to probate.
Simplified Procedures
While probate is going to be a factor for most successful people, those who are in possession of limited financial resources may be able to pass along property outside of probate altogether or through the utilization of a simplified probate procedure.
In Oklahoma if the estate in question is worth less than $20,000 a simple affidavit can be used to claim the estate after a ten day waiting period.
Simplified probate is also a possibility for some people. The executor or executrix can contact the probate court to request simplified probate if the estate that he or she is administering is valued at less than $150,000 ($175,000 beginning November 1, 2013).
Whether your estate is large or small, the best way to be certain that you are acting appropriately would be to discuss your unique situation with a licensed estate planning attorney. After you take this step you can move forward with a tailor-made plan that is ideal given your unique situation.
Larry Parman
Author, President and Founding Attorney
Parman & Easterday
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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