JONES PROPERTY LAW

Probate and Estate Law

Don't settle for a legal generalist. Use a firm with true expertise in estates, probate, and property.

Call Now - Direct to Attorney

Complementary initial consultation with an attorney experienced in probate and estate law.

Areas of Probate & Estate Expertise

Affidavit of Heirship (Small-Estate, Real Property)Record an affidavit to document heirs when a full probate isn’t practical. Coordinate title evidence, witness statements, and county-recording requirements so deeds and insurers will accept the chain of title. Clarify when an affidavit is appropriate versus summary administration or quiet title.

Summary Administration (Fast-Track Probate)File a streamlined probate when eligibility fits. Publish notice, marshal assets, address creditor claims, and obtain a swift decree distributing property. Use summary administration to transfer real estate, vehicles, and accounts efficiently while staying compliant with Oklahoma timelines.

Full Probate / Estate Administration (Testate & Intestate)Open and manage a standard probate from petition to final decree. Obtain Letters, inventory and value assets, notice creditors, resolve claims, sell or distribute property, account to the court, and close the estate. Guide personal representatives step-by-step and keep the process moving.

Ancillary Probate (Out-of-State Decedent with OK Property)Open ancillary proceedings in Oklahoma to transfer local real estate when the main probate is in another state. Align pleadings with the foreign court, handle publication and claims where required, and deliver recordable deeds and a clean title outcome.

Personal Representative & Executor GuidanceSecure appointment as executor/administrator, post any required bond, and comply with fiduciary duties. File inventories and accountings, manage sales and distributions, and keep strict deadlines. Defend the PR against improper claims or pursue remedies for noncooperative heirs.

Creditor Notice, Claims & Insolvent EstatesPublish and mail required notices, evaluate timely claims, and negotiate, allow, or disallow debts. Prioritize payments correctly in insolvent estates and seek court approval for compromises. Defend the estate from unsubstantiated or late claims.

Real Estate from Estates (Deeds, Sales & Title Clearance)Prepare personal-representative or distribution deeds, handle estate sales, and clear title defects that block closing. Coordinate with underwriters on affidavits, curative instruments, or—when needed—quiet title. Deliver recordable documents that pass title cleanly.

Non-Probate Transfers & Beneficiary Disputes (POD/TOD/Beneficiary Forms)Confirm and process pay-on-death/transfer-on-death designations, beneficiary deeds, and joint tenancy survivorship. Resolve conflicts over competing forms, capacity, or undue influence. Align non-probate transfers with the overall estate plan and court requirements.

Trust Administration (Post-Death & Ongoing)Guide trustees through notices to beneficiaries, asset marshaling, accounting, distributions, and tax coordination. Interpret trust language, resolve ambiguities, and document decisions. Defend the trustee’s actions or pursue remedies for breaches of duty.

Will Contests & Estate/Trust LitigationProsecute or defend will contests, trust disputes, and inheritance challenges. Litigate capacity, undue influence, execution defects, or ambiguous terms. Seek removal or surcharge of a fiduciary, compel accountings, or negotiate settlements that stabilize family relationships.

Heirship Determinations & Family Settlement AgreementsEstablish legal heirs when documents are missing or unclear. Draft family settlement agreements to resolve allocation disputes without prolonged litigation. File supporting pleadings so the decree reflects the agreed distribution.

Disclaimers & Tax-Sensitive Elections (Coordination Only)Prepare qualified disclaimers or elections that redirect inheritances to the next beneficiaries when appropriate. Coordinate with CPAs and advisors on timing, documentation, and downstream titling implications.

Emergency Relief & Special AdministratorsMove quickly when urgent action is needed (asset protection, access, or immediate decisions). Seek appointment of a special administrator, freeze accounts as appropriate, and stabilize the situation pending full administration.

Title & Court Document Retrieval (Abstracts, Certified Orders)Obtain certified copies of orders, decrees, and letters; update abstracts; and record instruments statewide. Package the record set under insurer-friendly standards so buyers, lenders, and county offices accept the paperwork without delay.

Mediation & Structured Settlements in EstatesDefuse high-conflict matters through targeted mediation. Structure buyouts, distribution trades, and trust modifications that align economics with family dynamics, then memorialize them in enforceable orders.

Highly Rated and Reviewed

Verified reviews from satisfied clients reflect our commitment to honest and effective representation.

- 7+ Years in Business - 

- 4.8+ Average Google Rating - 

- Over 100 5-Star Reviews -

See More Reviews

Fees and Pricing

(Price range is a base fee. Additional legal advice, related matters, or issues that arise during the course of service may be billed hourly.)

Draft and record an affidavit to document heirs and pass Oklahoma real property without a full probate when appropriate.
File a streamlined probate; publish notice, address claims, obtain decree, and transfer assets on a faster track when eligible.
Open the estate, obtain Letters, inventory assets, notice creditors, manage distributions, and secure a final decree and closing.
Coordinate with the foreign probate and open an Oklahoma ancillary to transfer local real estate with recordable orders/deeds.
Guide trustees through notices, asset marshaling, accounting, distributions, and documentation to conclude administration.
If a matter becomes disputed (will contest, fiduciary breach, heirship fight), billing follows our <a href="https://jonespropertylaw.com/services/real-estate-litigation-attorneys/">Litigation Fees Overview</a>.

Pricing is Variable

  • The above pricing table is intentinaly over-simplified and may not reflect the actual course or dynamics of an ongoing court case or legal matter (unexpected issues or additional requets for legal advice or services may arise).
  • For this reason, pricing may be variable. The above table reflects typical fees in uncontested matters for the base service; it is not a quote. Out-of-pocket costs (if any) are additional. If a legal matter becomes disputed at any point, fees transition to our litigation pricing and processes.

General Probate Questions

Do I need a probate attorney in Oklahoma, or can I handle it myself?You can file on your own, but the success rate of self-filed probates is quite low. Oklahoma probate has strict filings, notices, inventories, and deadlines that are easy to miss. Not all of the rules are apparent from the statues; this is a true court proceeding.

When is probate required in Oklahoma?Probate is generally required when a decedent dies owning assets in their name alone (no joint owner or beneficiary) such as real estate, vehicles, or financial accounts. If non-probate tools weren’t used (POD/TOD, trust, joint tenancy), the court must appoint a Personal Representative to transfer title. We assess the asset mix and choose the least burdensome option.

When is probate NOT necessary?If all assets pass via beneficiary designations (POD/TOD), trust ownership, or survivorship titling, you may avoid probate. Small estates may use an Affidavit of Heirship for real property in limited scenarios, or institution-specific small-estate procedures for accounts. We confirm which assets are already transferable without court orders.

What’s the difference between probate, estate administration, and summary administration?“Probate” and “estate administration” are often used interchangeably; both involve court oversight to appoint a PR, address creditors, and distribute assets. Summary administration is a faster, simplified track available in certain cases (e.g., smaller estates or qualifying circumstances). We screen for summary eligibility first to save time and cost.

What happens if there is no will (intestate)?Oklahoma’s intestacy laws control who inherits if there’s no valid will. The court appoints a Personal Representative, pays valid debts, and distributes remaining assets according to statute. We guide families through heirship determinations and obtain a decree that cleanly transfers title.

How long does probate take in Oklahoma?Uncontested summary administrations can finish in a few months; full probates often take longer based on county docket, creditor periods, and asset complexity. Delays usually come from creditor claims, real-estate issues, or missing documentation. We push each step on schedule and flag bottlenecks early.

What documents do I need to start (death certificate, will, asset list)?Bring the original or best copy of the will (if any), a certified death certificate, a preliminary asset list (accounts, real estate, vehicles), known debts, and family/heir information. If real estate is involved, deeds, legal descriptions, prior title work, and tax statements help. We’ll build the court filings from this core set.

Probate Altneratives

What is an Affidavit of Heirship, and when is it appropriate?An Affidavit of Heirship is a sworn statement recorded in the county land records that lists a deceased person’s heirs and transfers Oklahoma real property without court probate. It works best when the decedent died intestate, all heirs agree, there are no creditor issues, and the title company will insure based on it. If heirs disagree or title insurers won’t accept it, you may need a probate or quiet title action.

When can we use Summary Administration instead of full probate?Oklahoma allows Summary Administration when at least one statutory condition is met—most commonly: (1) the estate’s value is $200,000 or less; (2) the decedent has been deceased more than 5 years; or (3) the decedent was a non-resident who owned property in Oklahoma (ancillary). We confirm eligibility at intake.

Can an affidavit alone transfer Oklahoma real estate cleanly for title insurance?Sometimes—underwriters decide whether they will insure based on the affidavit and facts. If they won’t insure, a summary or full probate (or, occasionally, a quiet title) may be necessary. We coordinate with the title company to avoid surprises at closing.

How do we decide between affidavit, summary administration, and full probate?We weigh asset types, estate size, creditor risk, family dynamics, and title-insurer requirements. The goal is the simplest pathway that still produces recordable, insurable outcomes. After diagnosis, we quote a straightforward plan and fee range so you can choose the approach.

Can we use a family settlement agreement to avoid a fight or a longer probate?Often yes. A written agreement among heirs/beneficiaries can resolve allocation issues, streamline administration, and reduce litigation risk. We draft enforceable terms and incorporate them into the court’s orders where appropriate.

Process & Timeline

What are the steps in an Oklahoma probate?Typical stages: file the petition, secure appointment and Letters (Testamentary or of Administration), publish/heir notices, collect and inventory assets, address creditor claims, distribute according to will or law, and obtain the final decree. We handle filings, hearings, and timelines for each step.

How do we get Letters Testamentary or Letters of Administration?We petition the court to appoint the named executor (if there’s a will) or a qualified administrator (if no will). Once issued, Letters authorize the PR to act: access accounts, sign deeds, sell assets, and pay approved debts.

How are heirs and beneficiaries notified?Oklahoma requires publication and, in many cases, mailed notice to interested parties. Notice starts the window for creditor claims and objections. We prepare and track all required notices so deadlines run correctly.

What are the deadlines for filings and final decree?Deadlines vary by county scheduling and statutory notice periods. We calendar creditor windows, inventory due dates, status reports, and final accounting requirements. Staying on top of these dates prevents continuances and speeds closing.

Can the estate distribute assets before everything is finalized?Sometimes partial distributions are allowed with court permission if liabilities are covered and records are clear. It is far simpler and more cost-efficient to distribute at the end of probate. Final distributions occur after claims are resolved and the court approves the plan.

Do I need a new survey for a boundary case?Often, yes. A current, well-documented survey strengthens or counters encroachment and easement claims. We coordinate with surveyors early when accuracy will drive outcomes or support injunctions.

Costs & Fees

Who pays probate attorney fees and court costs?The estate typically pays approved attorney fees and case costs from estate funds. The court reviews fees at closing or through interim applications. Or, fees may be paid upon sale of estate property.

What is discovery?It’s the formal exchange of evidence: document requests, interrogatories, admissions, and depositions. Preserve emails, texts, photos, and reports—spoliation (lost/destroyed evidence) can damage your case or lead to sanctions.

What if the estate becomes contested—do fees shift to litigation pricing?Yes. Will contests, fiduciary disputes, or contested heirship move to hourly litigation billing. We’ll explain strategy options and budgets before escalating.

County, Venue & Remote Service

Which county should probate be filed in (residence vs. property location)?Venue usually follows the decedent’s county of residence, but real-property issues can involve the county where the land sits. We verify venue and coordinate across counties if needed. Proper filing reduces delay and procedural challenges.

Can you handle my probate remotely if I live out of state?Yes. We work statewide via phone/email and use secure e-signing where permitted. Most clients never need to travel; we appear at hearings and handle filings locally.

Do we need to attend court in person, or can most steps be handled by the firm?In most cases, the client is not required to appear in person at any point. Unless the probate becomes contested, everything can typically be handled by our firm.

Call Now - Direct to Attorney

Complementary initial consultation with an attorney experienced in probate and estate law.