What forms need to be filed if there is no Will?
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What forms need to be filed if there is no Will?
My wife’s father passed away and she is the only heir. There is no Will and his siblings are not contesting the fact that my wife is the only heir. There is a home with a mortage, a vehicle that is paid for and a bank account. We just need to know what forms to file to access these.
Asked on June 18, 2012 under Estate Planning, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. Your father in law passed "intestate" meaning that the intestacy laws in the state of Oklahoma govern how his estate is to be distributed. You would file a petition in the Probate court in the county in which he resided at the time of his death. The petition would request that your wife beappointed as the personal representative of the estate. This will enable her to transfer title, withdraw funds from accounts and open an estate account. Now, Oklahoma has a few different types of estate proceedings. If the estate was under $60,000 a summary proceeding could be done. Now, I do not know where in Oklahoma you reside but generally speaking you can obtain the necessary forms from the Court clerk's office. You should consult an attorney about all the steps here. Good luck.
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