Probate Is Dealing With the Estate of Someone Who Has Died
Video Transcribed: What is probate? I’m Tulsa Probate attorney, James Wirth, and that’s the question that we have before us today is, what is probate? And probate is a type of civil action that is filed with the court in order to handle somebody’s estate.
So if somebody passes away, they’ve got assets that are left behind, who is it that gets those assets. Do we let the family members just fight over it, whoever gets to the property first and take it gets it?
No. It needs to be done pursuant to a formal process. And that process is a legal action called a probate case. Generally, when we talk about probate, we talk about somebody that has a last will and testament that lists where they want their property going and per the person that has access to that, files it with the court as part of a probate action, asking that that will be probated.
However, if somebody does not have any will or last testament, then you still have an action. Technically it’s not called a probate action, but it’s very similar to that becaus
e you’re not probating a will.
Instead, it is an intestate succession and that means that the property is going to be divided based on the Oklahoma Law and the rules of intestate succession in Oklahoma Law rather than pursuant to the rules listed in a will.
But whatever the case, when you’re talking about somebody who’s passed away in determining where those assets go, that’s a legal proceeding, it’s called probate generally or a petition for intestate succession, and I hope that answers your question.
If you’ve got additional questions about probate estate planning, you’re going to want to talk to an attorney confidentially about that. To get that scheduling, go online to makelaweasy.com.
