Ancillary Probate

The term ancillary probate refers to the probate of a deceased person’s property in a state other than the state where they resided at death. Ancillary probate often comes up in the context of out-of-state owners of mineral interests. Oklahoma has special procedures for probating the estates of non-residents.

Title 58, Section 51 of the Oklahoma Statutes provides that a will admitted to probate in another state may be allowed and recorded in the district court of any county in Oklahoma where the deceased owned property. Title 58, Section 52 of the Oklahoma Statutes states that, when a certified copy of a foreign will together with the order admitting it to probate in another state are filed in an Oklahoma district court, the judge must set a time for hearing and order notice as if an original petition for probate of an Oklahoma will had been filed. Under Title 58, Section 53 of the Oklahoma Statutes, if it appears on the face of the record that a foreign will was proved and admitted to probate in another state, then the will must be admitted to probate in Oklahoma and given the same force and effect as an Oklahoma will.

Pursuant to Title 58, Section 677 of the Oklahoma Statutes, title to Oklahoma property owned by a non-resident may be passed by the filing of a petition with the required information attached to a certified copy of the foreign will, the order admitting the will to probate and the order distributing the estate. This procedure is also available where someone died without a will by filing certified copies of the order appointing the personal representative and the order distributing the estate. In some instances, it is not even necessary for an Oklahoma personal representative to be appointed. Notice is published once in a newspaper in the county where the probate was filed not less than 20 days prior to the final hearing.

Finally, the estates of non-residents can be probated using the summary administration procedures in Title 58, Section 241 or 245 of the Oklahoma statutes.

If your loved passed away in another state and owned minerals or other property in Oklahoma, call (405) 928-4075 or fill out the contact form below to request a free consultation.

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