After losing a loved one, there is a lot on your mind and on your plate. Dealing with the probate court is one many people face immediately after a loved one departs. Many people want to know: Do I need an attorney for Oklahoma probate court? In short, while you are not required to have one, it can be incredibly difficult to do on your own. There are very complicated aspects to settling an estate, even in “simple” estates. Higher-asset estates or those with significant debts can quickly complicate things.
At Prado Law Offices, our Oklahoma City estate planning lawyers help you navigate probate court and everything that goes with it. Get in tough with us to learn more about how we can help. We pride ourselves on a customized and compassionate approach to your solving your needs.
Am I Allowed to Represent Myself in an Oklahoma Probate Court?
Yes, you can represent yourself in Oklahoma probate court if you are over 18 years old. Self-represented people represent themselves pro se. While you are allowed to do so, it is almost never a good idea to do so unless you are an experienced probate attorney yourself.
Probate court has many strict deadlines you must follow. This includes deadlines for detailed paperwork and following specific court procedures. Without legal training, this can be overwhelming and cause harm to the estate itself. Even seemingly minor errors can lead to major delays and extra costs. It might even trigger disputes between heirs or estate creditors.
Having a probate lawyer guide you is in your best interests. They have the experience and training needed to properly navigate this complex process and best protect the rights of the deceased person and all beneficiaries.
What Does an Oklahoma Probate Lawyer Do?
A probate attorney guides you through the entire process, helping with:
- Filing the petition to open probate
- Validating the will
- Navigating intestacy
- Notifying creditors
- Informing beneficiaries
- Preparing and submitting inventories
- Resolving disputes
- Handling legal claims
- Filing tax documents
- Performing a final accounting
- Distributing assets legally and efficiently
Probate rules can even vary by county, making the process more confusing for self-represented people. With an attorney, you can ensure the process is handled appropriately and correctly.
When Is a Lawyer Especially Helpful?
While you might try to handle a simple and small estate yourself, you should strongly consider hiring a probate lawyer if any of the following apply:
- The estate includes real property
- The deceased had business interests
- There is no will
- The will is unclear or contested
- There are multiple heirs
- There are potential disputes
- The estate owes significant debts
- There are tax debts the estate must pay
- You’re unfamiliar with court procedures
- You don’t know the legal terminology
- You’re serving as executor or personal representative and want to avoid liability
In these cases, a lawyer can help you avoid costly mistakes and ensure the estate is settled properly.
Speak with an Experienced Oklahoma Attorney To Help with Probate Court
While the law does not require an attorney to help with probate, the realities make one highly advisable. The process is very complicated. Mistakes can subject you to legal liability, harm the estate, and waste estate assets. None of these are things you want to see. Whether you have a simple or complicated estate, the right legal advice protects you and everyone else involved.
Our team at Prado Law Offices can help you with probate issues and other estate planning needs. We offer comprehensive services that best fit your requirements. Contact us today for a consultation.