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Probate FAQ

Probate Frequently Asked Questions

Experienced Representation in Kingfisher & Stillwater

Probate can be a very overwhelming and confusing process. Whether you have been appointed to oversee this process or you are interested in avoiding it, it is important to get a general idea of what probate is and what it involves. With more than 90 years of collective experience, the Kingfisher lawyers at Harrison & Mecklenburg, Inc. are here to help. We have handled a multitude of cases that involve probate and are determined to equip you with the knowledge and tools needed to properly address your probate concerns.

Common Questions About Probate

What is probate?
Probate is the court-process that happens after a person passes away. When they pass away, their assets are then transferred through probate and then distributed to their loved ones.


What is an executor?
An executor is appointed to gather up the assets, make sure that everything is properly distributed and oversee that the entire probate process runs smoothly. They are also responsible for paying off any debts involved, making sure that the minor children of the decedent have a proper guardian and that the estate is properly closed.


What happens when a will is left behind?
When a will is left behind, the estate of the decedent is then distributed through the terms of the will. Typically, the name of an executor is provided in which they step in and oversee the process.


What happens when a will is NOT left behind?
The estate of the decedent is transferred to the closest living relatives of the decedent, as provided by the terms of the "intestate succession" laws. The court then appoints a representative to take on the responsibilities of the executor.


How can I avoid probate?
Probate can be a very complex, expensive and lengthy procedure. If you are interested in avoiding probate, it is important to plan in advance and speak with a Kingfisher lawyer about your options. One option that is available to you is to create a living trust. This legal entity can protect your assets and save your family from the troubles involved in probate. When you pass away, your property is then distributed through the terms of your trust in a private manner and does not go through probate.


What is probate for small estates?
Probate for small estates is a much simpler form of probate. This process can be used to distribute the estate of a deceased person if their estate is valued below $150,000; if they lived in a different state when they died; or if they passed away more than five years ago. This process is easier than the normal probate procedure in which the court has less involvement.


What types of costs are involved in probate?
Probate can be a very lengthy, complex and expensive process. The major costs involved in probate include estate taxes, executor expenses and court fees.

Discuss your probate concerns with an attorney in Kingfisher, OK!

Our legal team of representatives is committed to providing you with the tools you need to effectively tackle your probate issues. Whether you have additional questions to ask or you are in need of assistance, the Stillwater and Kingfisher attorneys at our firm can help. Our goal is to steer you in the right direction and to help you get the results that are most beneficial for you. Having experience legal counsel by your side can make all the difference for your specific probate needs. Do not hesitate to contact Harrison & Mecklenburg, Inc. to get started!