Frequently Asked Questions
Answers to common questions about estate planning, wills, trusts, and probate in Oklahoma.
Estate Planning Basics
What is estate planning?
Estate planning is the process of arranging for the management and distribution of your assets during your lifetime and after death. It includes creating documents like wills, trusts, powers of attorney, and healthcare directives to protect your wishes and your family.
When should I start estate planning?
Now is always the right time. If you own property, have children, or have specific wishes for your assets, you need an estate plan. Major life events like marriage, having children, buying a home, or receiving an inheritance are common triggers, but waiting for a "perfect" time means risking that your wishes won't be followed.
How much does estate planning cost?
Costs vary depending on your needs and the complexity of your situation. A basic will package may cost less than comprehensive trust-based planning. During your consultation, we'll discuss your goals and provide a clear fee structure before beginning work.
Do I need an attorney or can I use online forms?
While online forms exist, they can't account for Oklahoma-specific laws, your unique family situation, or common pitfalls. An attorney ensures your documents are properly executed, coordinates with your overall plan, and can advise on strategies you might not know exist.
Wills vs. Trusts
What's the difference between a will and a trust?
A will is a document that takes effect after death and must go through probate court. A trust is a legal entity that can hold assets during your lifetime and after death, typically avoiding probate. Trusts offer more privacy, flexibility, and control over when and how beneficiaries receive assets.
Do I need a will if I have a trust?
Yes. A "pour-over" will catches any assets not transferred to your trust and directs them into the trust. It also names guardians for minor children—something a trust cannot do. Think of it as a safety net for your estate plan.
Is a trust only for wealthy people?
No. While trusts were once associated with the wealthy, they benefit families of all sizes. Trusts can help avoid probate (saving time and money), maintain privacy, protect assets for beneficiaries, and provide for loved ones with special needs.
Probate in Oklahoma
What is probate?
Probate is the court-supervised process of validating a will, identifying assets, paying debts, and distributing property to heirs. In Oklahoma, probate is handled by district courts and typically takes 4-12 months for simple estates.
Does every estate have to go through probate?
No. Assets held in trusts, jointly owned property with rights of survivorship, accounts with beneficiary designations (like life insurance and retirement accounts), and small estates under certain thresholds may avoid probate entirely.
How long does probate take in Oklahoma?
Simple estates with no disputes can be completed in 4-6 months. More complex estates with real estate, creditor claims, disputes, or tax issues may take 12 months or longer. An experienced attorney can help streamline the process.
What is a small estate affidavit?
Oklahoma allows estates under $50,000 in personal property (not real estate) to use a simplified affidavit process instead of formal probate. This can save time and money for qualifying estates.
Powers of Attorney
What is a power of attorney?
A power of attorney is a legal document that authorizes someone you trust (your "agent") to act on your behalf for financial, legal, or healthcare matters. It's essential for protecting yourself if you become incapacitated.
What's the difference between a healthcare power of attorney and a living will?
A healthcare power of attorney names someone to make medical decisions for you if you can't. A living will states your wishes about specific medical treatments (like life support). Most people need both documents working together.
When does a power of attorney end?
A standard power of attorney ends at your death or if you revoke it. A "durable" power of attorney remains effective even if you become incapacitated—which is typically what you want for estate planning purposes.
Still Have Questions?
Every situation is unique. Schedule a consultation to discuss your specific needs.