Small estate checker for Oklahoma
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Payment or delivery of property to successor by affidavit (small estate affidavit, 58 O.S. 393)
10 days after the death.
Petition for summary administration (58 O.S. 245-247)
Also in Oklahoma (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Termination of joint tenancy or life tenancy by affidavit (58 O.S. 912)
What counts toward the limit in Oklahoma
Add up the fair market value of the person's property located in Oklahoma that passes by will or by law, then subtract liens and encumbrances. Property that passes another way (joint ownership with survivorship, POD or TOD, beneficiary designation, trust) is not counted.
Law: 58 O.S. 393
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: 58 O.S. 393 |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and payable-on-death accounts are left out, because they do not pass by will or by law. Law: 58 O.S. 393(A)(1) |
Cars and other vehicles | Counts | A vehicle in the person's name alone counts unless it has a transfer-on-death beneficiary. Service Oklahoma can transfer it on the small estate affidavit or, for relatives when no estate needs administration, Form 798. Law: 58 O.S. 393(C); 47 O.S. 1107.5 |
Boats and mobile or manufactured homes | Counts | Boats and other titled personal property in the person's name alone count at market value minus liens. Law: 58 O.S. 393 |
Real estate in Oklahoma | Counts | Oklahoma real estate in the person's name alone counts toward the $50,000 (value minus mortgages and liens), but the affidavit cannot transfer real estate. Law: 58 O.S. 393(A)(1) |
Main home (primary residence) | Counts | The person's home counts like other real estate unless it passes by joint tenancy or a transfer-on-death deed. Law: 58 O.S. 393(A)(1) |
Real estate in another state | Left out | Only property located in Oklahoma is counted. Law: 58 O.S. 393(A)(1) |
Unpaid wages owed to the person | Not clear | Ask the holder or a court clerk how unpaid wages are treated. Law: 58 O.S. 393 |
Military pay owed to the person | Not clear | Ask a court clerk how military pay owed to the person is treated. Law: 58 O.S. 393 |
Life insurance or retirement money paid to a named person | Left out | Insurance or retirement money paid to a named beneficiary does not pass by will or by law and is left out. Law: 58 O.S. 393(A)(1) |
Life insurance or retirement money paid to the estate | Counts | Insurance or retirement money payable to the estate counts. Law: 58 O.S. 393(A)(1) |
Property in a living trust | Left out | Property held in a trust passes under the trust, not by will or by law, and is left out. Law: 58 O.S. 393(A)(1) |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy passes to the survivor and is left out. The survivor can record an affidavit for real estate. Law: 58 O.S. 393(A)(1), 912 |
Property going to a surviving spouse | Counts | Property in the person's name alone counts even if it goes to the spouse by will or by law. Law: 58 O.S. 393(A)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count, unless they have a transfer-on-death beneficiary. Law: 58 O.S. 393(A)(1), (B) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry, tools and other belongings count at fair market value. Law: 58 O.S. 393(A)(1) |
Source: Official page
Payment or delivery of property to successor by affidavit (small estate affidavit, 58 O.S. 393)
A sworn statement you give to a bank, company or person holding the person's money or belongings, so they pay or hand it over to you. It is not filed with a court.
- Limit
Up to $50,000 Counted after subtracting liens (what is owed on the property).
The fair market value of the person's Oklahoma property that passes by will or by law, minus liens and encumbrances, cannot be more than $50,000.
- What counts
The fair market value of the person's property located in Oklahoma that passes by will or by law (intestate succession), minus liens and encumbrances. Property that passes another way, such as joint, POD, TOD or beneficiary property, is not part of this total.
- Waiting period
At least 10 days must have passed since the death.
- Who can use it
A person claiming to be the successor (the person entitled to the property), or someone acting on their behalf. Each claiming successor and their share is stated in the affidavit.
- Court or where to file
Given to the holder of the property (bank, company, transfer agent or the public office that keeps the title).
- Notary
The affidavit is signed under oath. Service Oklahoma's vehicle form 405 must be notarized.
- Papers to attach
- Statement that the property, minus liens and encumbrances, is not more than $50,000
- Statement that no probate case is pending or has been granted anywhere
- Each successor's name and share
- Statement that all taxes and debts of the estate have been paid, provided for or are barred
- Death certificate (holders usually ask for it)
- Steps
- Wait at least 10 days after the death.
- Add up the value of the person's Oklahoma property that passes by will or by law, minus liens.
- Fill in an affidavit with the required statements and sign it under oath.
- Give it, with a death certificate, to each bank, company or office that holds the property.
- Fee
There is no court filing fee because the affidavit is not filed with a court.
- Debts and responsibility
Anyone who receives property by affidavit must answer and account for it to a personal representative of the estate or to anyone with a better right to it. Knowingly signing a false affidavit can be punished by a fine of up to $3,000, up to six months in jail, or both, and the money must be paid back to the rightful beneficiary.
- What the bank or holder must do
On a proper affidavit, the holder must pay or deliver the property; a transfer agent must re-register securities; and a public official who keeps a title must change the registered owner. The holder is released from liability as if it had dealt with a personal representative and does not have to check whether the affidavit is true. If the holder refuses, the successors can recover the property in a court proceeding.
Law: 58 O.S. 393, 394
Source: Official page
Petition for summary administration (58 O.S. 245-247)
A shortened probate case in district court. One petition and one combined notice handle the will (if any), creditors, heirship and distribution, ending in a court order after a final hearing.
- Limit
Up to $200,000
Available if the value of the estate is $200,000 or less, or if the person has been dead more than five years, or if the person lived outside Oklahoma.
- What counts
The value of the estate. The petition can also be used, whatever the value, if the person died more than five years ago or lived in another state.
- Waiting period
The final hearing is set at least 45 days after the court grants the order admitting the petition and combined notice. Creditors must present claims within 30 days after that order.
- Who can use it
Any person interested in the estate. The petition is verified by the petitioner or signed by their attorney.
- Court or where to file
The district court (probate), usually in the county where the person lived.
- Papers to attach
- The original or certified copy of the will, if any
- Names, ages and addresses of heirs, will beneficiaries and named executors
- Names and addresses of known creditors
- Probable value and type of property, and the legal description of Oklahoma real estate
- Combined notice to creditors and of the final hearing
- Steps
- File the petition and combined notice with the district court.
- Within 10 days of the order admitting the petition, publish the combined notice once a week for two weeks and mail it to creditors and interested persons.
- Wait for the creditor deadline and the final hearing, at least 45 days after the order.
- At the hearing, the court decides heirship and distribution and discharges the personal representative.
- Record a certified copy of the order with the county clerk where any real estate is.
- Fee
Set by statute and county; ask the court clerk. Newspaper publication costs are extra.
- Debts and responsibility
Funeral costs, last-illness expenses, administration costs and allowed claims must be paid before the court orders distribution.
Law: 58 O.S. 245, 246, 247
Source: Official page
Bank accounts after a death in Oklahoma
Money in a joint account with survivorship or with a payable-on-death beneficiary is not part of the estate and is not counted. For an account in the person's name alone, a successor can give the bank a small estate affidavit 10 or more days after the death if the Oklahoma estate is $50,000 or less after liens. The bank is released from liability when it pays on a proper affidavit.
Law: 58 O.S. 393, 394
Source: Official page
Surviving spouse in Oklahoma
The surviving spouse may keep living in the homestead, which is not subject to administration except as the law provides, and family pictures, clothing, household furniture, a year's provisions and similar items go to the spouse and children and are not used to pay debts. The court may also set aside exempt property and a family allowance during a probate case.
Related pages
Free help in Oklahoma
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.