Oklahoma Inheritance: Plan an Estate or Settle One

Oklahoma has not adopted the Uniform Probate Code, has enacted the Uniform Trust Code60 O.S. § 1601.1 et seq. (Oklahoma Uniform Trust Code, HB 1850, eff. Nov 1, 2025); 60 O.S. § 175.1 et seq. (Oklahoma Trust Act, residual)Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney Act58 O.S. § 3001 et seq. (Title 58, Chapter 29); 16 O.S. § 20Verified Sep 20, 2026View source.

Probate of a simple estate in Oklahoma runs 4 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $19828 O.S. § 152; 12 O.S. § 1809; 28 O.S. § 86(D)(2); 19 O.S. § 220(C)–(D); Laws 2025, c. 87 (SB 600)Verified Sep 8, 2026View source; attorney fees are reasonable compensation58 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness)Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $23,29958 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness)Verified Sep 8, 2026View source. The personal representative must post a bond58 O.S. § 171Verified Sep 8, 2026View source, which the will may waive58 O.S. § 171Verified Sep 8, 2026View source.

Certified death certificates come from the Oklahoma State Department of Health - Vital Records ServiceOklahoma State Department of Health - Vital Records ServiceVerified Oct 15, 2026View source at $15Oklahoma State Department of Health - Vital Records ServiceVerified Oct 15, 2026View source a copy. Processing time: 1-2 business days for online/phone; 6-16 weeks for mailOklahoma State Department of Health - Vital Records ServiceVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 60 days58 O.S. §§ 281, 289Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 2Okla. Stat. tit. 58, §§ 331, 333, 591Verified Oct 19, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share instead84 O.S. § 44Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 18 years58 O.S. § 1221Verified Sep 15, 2026View source of age. Oklahoma taxes income68 Okla. Stat. § 2355Verified Sep 20, 2026View source at a top rate of 4.5%68 Okla. Stat. § 2355Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular rates68 O.S. § 2358(F) (individual capital gain deduction); § 2358(D) (same deduction for corporations, ESTATES and TRUSTS); § 2355(D) (TY2026+ rate schedule); § 2355(J) (fiduciaries taxed at single-filer rates)Verified Sep 15, 2026View source.