Probate is a comprehensive process by which an individual arranges for the transfer of his or her assets after their death.
Probate is often known as the process of determining the validity of a will or administering an estate. This commonly involves settling all outstanding debts and distributing any remaining property to the designated beneficiaries. You can trust Tulsa probate attorney, Gary W. Crews, PLLC to be your probate attorney in the state of Oklahoma. Our areas of expertise include:
To begin the process, we determine whether the estate needs to be probated or if the process can be conducted through a trust administration or a small estates affidavit. If probate is necessary, we will help guide you and your family through the complete process to grant your loved one’s wishes. We represent executors or administrators of an estate, and we also represent other family members with an interest in the deceased person’s estate.
Heirs are legally allowed to manage the probate themselves if they desire. It can be complicated though, as they need to handle tax laws, real estate laws, probate laws, IRS laws and other inheritance issues. Also, a person can be held individually liable if they err in handling the probate. It can just take a basic failure to notify an interested party such as a long-lost relative, or a creditor, or failure to meet a deadline to completely disrupt what may appear to be a simple procedure. Difficulties are most often created from disputes among family members, disputed Wills, disinherited children, former spouses and step-children.
If your loved one had a Revocable Trust, we can help to carry out the plans left in the decedent’s Trust. The Trust language is often complicated and confusing for a layperson. We are experienced and trained as a top Tulsa probate attorney to assist you in understanding those specific plans, as well as carrying them to completion. If the plan is vague or ambiguous, we can also work to receive clarification. We commit to being there for you if disputes arise with other family members regarding the assets.
Probate commonly becomes more complex when an estate includes ownership of oil and gas. Our knowledge of both probate law and oil and gas law, however, allows us to manage these challenging issues so that you and your family can continue to get royalty payments. Is the oil and gas land in Oklahoma, or is it in another state? Was the oil and gas property addressed properly in the deceased’s will? Is royalty money being held up by the oil and gas company or the State of Oklahoma? Regardless of the varying details, you can count on our experienced probate guidance to give you a positive result.
Ancillary probate is a specific type of probate that is necessary when assets were owned outside of the deceased’s home state. For example, if a person in Kansas owned oil and gas land or mineral rights in Oklahoma, ancillary probate would need to be conducted in Oklahoma in addition to the primary probate that was completed in the decedent’s home state.
The need for ancillary probate often catches family members by surprise. They conduct the probate in the deceased person’s home state and think everything is fine until the oil and gas company stops distributing any royalty checks. The checks will either be suspended or given to the state as unclaimed property until ancillary probate is done in the state where the oil and gas property is.
We often receive Oklahoma ancillary probate cases that are referred to us by fellow lawyers and other parties from probates around the United States. Most of these cases involve oil and gas royalties, mineral rights, or working interests.
Located in Tulsa, Gary W. Crews is one of the most trusted Oklahoma Probate Attorneys.