Compassionate Administration

Probate Law

Entrust Udoka Law, PC with your family's probate and estate administration needs. Probate is the legal process through which your probate law attorney uses an Oklahoma court to make sure that, after you die, (i) your last will and testament are legally valid, (ii) your debts are paid, and (iii) your assets are distributed according to the instructions contained in your will. (If you don’t have an Oklahoma will, the state has laws that dictate how your assets will be distributed).

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Having An Oklahoma Will Ensures Probate

An Oklahoma Will expresses what you want to happen to your assets after you die. And, yes, all wills must go through some kind of administration process before your wishes can go into effect. 

What is Probate?

Probate is the legal process through which your probate law attorney uses an Oklahoma court to make sure that, after you die, (i) your last will and testament are legally valid, (ii) your debts are paid, and (iii) your assets are distributed according to the instructions contained in your will. (If you don’t have an Oklahoma will, the state has laws that dictate how your assets will be distributed) How complicated the probate process becomes will depend on the kinds and values of your assets and if there any contests or other problems. Your probate attorney can help you wade through this process. 

Probate has existed for hundreds of years. It was created to protect creditors, assets, and families by providing an orderly method of paying bills and transferring ownership of assets after someone dies—all under the direct supervision of the court system. 

Why is Probate Required?

You may be wondering why you can’t just appoint someone to pay your bills and distribute your assets after you die without involving the probate court. Isn’t that what an executor does? 

The reason is a very simple one. If your name is on the title of an asset and you have died, Probate is the only legal way to take your name off the title and put the new owner’s name on. 

An Oklahoma will by itself is not enough authority to retitle assets or release account balances; a court order is required to do this in most cases. So, after you die, your probate law attorney will help your executor and/or family members will not be able to change titles on assets that are titled in your name without a court order—which can only be done through the probate court. 

Also, your probate law attorney will make sure that your attorney for Wills followed the proper steps to that the court will validate your Will as being authentic (that it has the proper signatures, that no other Will was created after this one, etc.) before ownership of your assets can be transferred to your heirs—and the probate court is the only way this can be done. However, if you have an Oklahoma living trust instead of a will, you may be able to avoid probate.