If you are a personal representative/executor of an estate, you need to obtain more information about probate when the time to assume your duties comes. And one of the essential things to know is the venue of probate acts. Where should you file your request to open the estate?
Here is what to know:
A resident of the state at the time of death
Your loved one’s estate will be handled in the county in which they were a resident at the time of death, regardless of where they died. Thus, you will file your request to the district court of the respective county.
Not a resident of the state at the time of death
If your loved one was not a resident of Oklahoma, probate will be handled in the county in which they died and left an estate.
Further, if a decedent was not a resident of the state at the time of death and died out of state, their probate can be handled in the county in which any part of their estate may be.
Lastly, if a non-resident died within Oklahoma, their probate can be handled in the county in which any part of their estate may be provided they didn’t leave an estate in the county in which they died.
Where an application for letters is first made
If your case does not meet any of the circumstances discussed above, your loved one’s estate can be probated in the county where you first make an application for letters testamentary or letters of administration. The district court of that county will have exclusive jurisdiction of the settlement of the estate.
The mistakes of an executor can negatively impact beneficiaries and interested parties. It’s crucial to be informed from the word go.