What forms need to be filed if there is no Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What forms need to be filed if there is no Will?

My wife’s father passed away and she is the only heir. There is no Will and his siblings are not contesting the fact that my wife is the only heir. There is a home with a mortage, a vehicle that is paid for and a bank account. We just need to know what forms to file to access these.

Asked on June 18, 2012 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Your father in law passed "intestate" meaning that the intestacy laws in the state of Oklahoma govern how his estate is to be distributed.  You would file a petition in the Probate court in the county in which he resided at the time of his death.  The petition would request that your wife beappointed as the personal representative of the estate.  This will enable her to transfer title, withdraw funds from accounts and open an estate account. Now, Oklahoma has a few different types of estate proceedings.  If the estate was under $60,000 a summary proceeding could be done.  Now, I do not know where in Oklahoma you reside but generally speaking you can obtain the necessary forms from the Court clerk's office. You should consult an attorney about all the steps here.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption