Free Oklahoma Small Estate Affidavit

Prepare the Oklahoma small estate affidavit for estates up to $50,000, plus presentation letters for each holder. 58 O.S. §§ 393, 394.

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Your Information

The Oklahoma affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Oklahoma Small Estate Affidavits

No statewide form. 58 O.S. § 393(A)(1)-(4) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per 58 O.S. §§ 393, 394. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

10 days after the death (58 O.S. §§ 393, 394). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent; the affidavit is made by or on behalf of the successor, and each claiming successor must be entitled to payment or delivery in the respective proportions set forth in the affidavit (§ 393(A)(3)). 58 O.S. § 393(A).

The person indebted to the decedent or holding the tangible personal property or instrument evidencing a debt, obligation, stock, chose in action, or stock brand (§ 393(A)); a transfer agent of any security must change registered ownership (§ 393(B)); and the public official having cognizance over the registered title of any personal property (e.g. vehicle titling) must change the registered ownership (§ 393(C)).

The person paying, delivering, transferring, or issuing personal property to the successors named in the affidavit is discharged and released to the same extent as if the person dealt with a personal representative, and is not required to inquire into the truth of any statement in the affidavit; refusal can be compelled by proceeding, and recipients are answerable and accountable to any personal representative or person with a superior right (§ 394). Knowingly submitting a false affidavit is punishable by up to a $3,000 fine and/or six months of imprisonment, with restitution (§ 393(E)).

Personal property only — the affidavit reaches indebtedness, tangible personal property, and instruments evidencing a debt, obligation, stock, chose in action, or stock brand. Severed mineral interests travel by a different instrument: an affidavit of death and heirship recorded with the county clerk where the mineral interest is located, under § 393(D) and 16 O.S. §§ 67, 82-83 (rebuttable presumption of the recorded facts). 58 O.S. § 393(A), (D).

Small Estate Collection in Oklahoma

The Oklahoma payment or delivery of property to successor by affidavit is prepared by the successor — 58 O.S. § 393(A)(1)-(4) governs its contents — and collects a small estate's property without probate administration.

The 58 O.S. §§ 393, 394 limit is $50,000. The affidavit can be signed 10 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Oklahoma Small Estate Affidavits

No statewide form. 58 O.S. § 393(A)(1)-(4) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per 58 O.S. §§ 393, 394. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

10 days after the death (58 O.S. §§ 393, 394). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Oklahoma

The 58 O.S. §§ 393, 394 limit is $50,000. The affidavit can be signed 10 days after the death. An estate over the limit is administered through probate instead.

Free Oklahoma Small Estate Affidavit

Your Information

Frequently Asked Questions About Oklahoma Small Estate Affidavits