Avoiding probate - can we??

Among other things, probate provides for the transfer of titled property (house, car, etc), if not otherwise provided for.  It also, is how the claims of creditors are addressed and met.  If there is no property that needs to have ownership transferred, or if there is no outstanding debt to be paid, then you do not need to go through probate, whether or not there is a Will. 

If there are such assets that need to be transferred or there is debt owed by the estate, then probate is needed, whether or not there is a Will.  There are other reasons for probate as well; here's is a link to a site that will explain further:  http://www.okbar.org/public/brochures/probbroc.htm

Note:  If a person dies without a Will, they die "intestate".  In that case, the estate will be probated according to the "intestacy" laws of the state where they legally resided at the time of their death.

Oklahoma law provides for simplified probate when the value of the whole estate including both real and personal property less does not exceed $150,000.00.  The decedent's personal representative may file an application requesting that the probate court dispense with the regular proceedings.