Every family is different, and your estate plan will be tailored to your specific needs, but the essential documents often include a will, durable power of attorney, healthcare directive, and a living will. Some families may also benefit from establishing a trust.

Asset distribution is a personal decision. We help our clients consider how to distribute their estate fairly and effectively among beneficiaries, in a manner that minimizes tax implications. Specific questions might include whether to give assets outright or in trust, and how to provide for children, grandchildren, or other dependents.

Choosing trustworthy individuals to manage your estate, healthcare decisions, and finances is crucial. These roles typically include the executor, trustee, and agents under a power of attorney.

While the federal estate tax exemption is high, state-level taxes can still affect families. Our team will help you employ strategies to minimize estate taxes and pass on assets tax-efficiently.

Establishing guardianship provisions and creating a trust can protect minor children and dependents. Special needs trusts are critical for beneficiaries with disabilities.

Having healthcare directives and a durable power of attorney ensures that your financial and medical affairs are managed according to your preferences if you’re unable to make decisions.

Revocable living trusts can avoid probate and offer privacy. Irrevocable trusts might be useful for asset protection or Medicaid planning. When creating your estate plan, we’ll help you understand the benefits and drawbacks of different trust types.

Changes in personal circumstances, tax laws, or state laws may require updates to your estate plan. We typically recommend that our clients do a review every three to five years or after major life events.

Plan Ahead’s clients come from all economic backgrounds and we pride ourselves on offering affordable services to the Tulsa community. You don’t need to be wealthy to gain the advice and expertise of our lawyers. Our goal is to simplify the estate planning process and make it financially feasible for most people so that, when the time comes, the hard decisions have been made and your loved ones don’t have to guess what your wishes were.

What Estate Planning Documents Do I Need?

How Should I Distribute My Assets?

Who Needs to Be Assigned Roles In My Estate Plan?

How Can I Minimize Estate Taxes?

How Can I Protect Minor Children or Other Dependents?

What Happens If I Become Incapacitated?

Should I Consider a Trust?

How Often Should I Review and Update My Estate Plan?

Can I Afford Plan Ahead If I Don’t Have a Lot of Money?

Frequently Asked Questions

No one can predict the future, but you can prepare for it. An estate plan helps you make difficult decisions when you’re clear-headed and put strategies in play that maximize what you pass on to your heirs. We're focused on helping families like yours plan for the unexpected and ensure your assets are protected, your wishes are honored, and your loved ones are cared for.

Make Sure Your Family Is Taken Care Of

Superlawyers

American Association for Justice

Oklahoma Bar Association

Small estates under $50,000 may be able to avoid probate by filing a small estate affidavit in Oklahoma. Learn how to determine if you’re a rightful heir, what to include in the affidavit, and how an attorney can help you navigate the process.

What is a small estate affidavit in Oklahoma? And how do you file one? Learn what you need to know about who can file, when, and what needs to be included.

How to File a Small Estate Affidavit in Oklahoma

Plan Ahead Legal

Blog

A small estate affidavit is a legal document that can transfer a deceased person's assets without formal probate, which is the process of court-supervised distribution of assets in a will. It allows heirs to claim property such as bank accounts, personal belongings, and vehicles. It’s a simple, fast way to avoid probate that provides the heirs of a small estate quicker access to assets with fewer legal fees.

In Oklahoma, a small estate affidavit can be filed for an estate valued at $50,000 or less. When calculating how much an estate is worth, don’t include assets that wouldn’t normally be included in probate, like:

- Jointly owned assets with a surviving owner
- Assets in a living trust
- Financial accounts with named beneficiaries

You can’t file a small estate affidavit if someone has already filed a petition for the appointment of a personal representative for the estate. This petition is the first step in opening probate proceedings, and needs to be filed in cases where the will doesn’t name a representative, the representative isn’t willing to serve, or there is no will. You might also still have to go through probate for titled property like real estate.

What Is a Small Estate Affidavit in Oklahoma?

Filing a small estate affidavit in Oklahoma reduces costs and saves time. The process minimizes legal fees and court expenses, keeping more of the estate’s value for the heirs. It also simplifies asset transfer. Traditional probate can take months, but an affidavit streamlines the process so that heirs can access assets quickly. Plus, with less paperwork and fewer legal hurdles, settling your loved one’s affairs becomes less of a burden. During an already stressful time, a small estate affidavit can help ease the pressure on families.

Why Should You File a Small Estate Affidavit?

In addition to the requirement that the estate’s total value must be $50,000 or less, the person filing must also be a rightful heir. This is determined by a legal standard known as intestate succession. Under these laws, spouses and children are the rightful heirs in many situations. Parents, siblings, and other relatives can also be rightful heirs. An estate planning attorney can help you determine if you can file a small estate affidavit in Oklahoma.

Who Can File an Oklahoma Small Estate Affidavit?

In Oklahoma, a small estate affidavit is a straightforward way to manage smaller estates and avoid probate. An attorney can help you navigate the following steps.

Make Sure You Qualify

To file a small estate affidavit in Oklahoma, the estate must meet certain criteria. The total value of the estate must not exceed $50,000, and the deceased must not have any pending probate cases. Only rightful heirs, such as a spouse or child, can file. You also need to wait at least ten days after the death before you can file the affidavit.

Write the Affidavit

The small estate affidavit is an official document that needs to contain specific information, including:  The decedent’s full name, date of death, and address at time of death, A statement that the estate’s value is within the $50,000 limit, declarations that no probate is pending and all taxes and debts are paid, a list of all assets and their values, the names of heirs and the assets they’re entitled to, a declaration that the filer and heirs are entitled to the assets. The document must also be notarized, which means all of the named heirs must sign it in front of a notary. You can write the affidavit yourself, but an attorney can help make sure it’s accurate and complete, and is executed properly.

Present the Affidavit to the Property Holder

The idea behind knowing how to file a small estate affidavit in Oklahoma is that you can avoid the court process. This means that once the affidavit is written and notarized, you can simply present it to the organizations that are holding the deceased’s property. Each institution may have specific requirements or additional forms you need to complete. In fact, it’s smart to check ahead of time if the financial institution has a certain form they want you to use. Once you’ve met the requirements, the asset holder must turn over the assets to you, or in the case of bank accounts, stocks, and vehicles, change the name on the account or registration. 

The Oklahoma Trust Act introduces new rules and guidelines that refine the management and oversight of trust funds in the state. Learn what’s changed and how it might affect you in this article.

Get an overview of the Oklahoma Trust Act, what’s changed, and who benefits most, as well as actions you might want to take in this article

All About The Oklahoma Trust Act

The Oklahoma Trust Act is a comprehensive legislative framework designed to modernize and streamline trust law in the state of Oklahoma. The act includes a variety of provisions relate to how trusts are established, administered, and terminated. The duties of trustees, rights of beneficiaries, mechanisms for dispute resolution, and more are addressed in these provisions.

Why is this happening? The previous trust laws were antiquated, which spawned a broader movement to update these laws to be more flexible and responsive to what trustors and beneficiaries need today.

What is the Oklahoma Trust Act?

There is no downside to the changes and everyone can benefit from how the Oklahoma Trust Act modernizes the law. That being said, there are specific benefits for trustors, trustees, and beneficiaries. Trustors can be reassured that if their personal or economic circumstances change, they’ll be able to adapt with more flexibility and effective trust management. Trustees benefit from clearer guidelines and expanded powers that help them do better jobs when administering trusts. Beneficiaries will benefit from enhanced protections and increased transparency in how trusts are managed.

Additionally, the act benefits legal and financial advisors by providing a more streamlined and modern framework to advise clients on trusts. This can lead to more strategic, thoughtful approaches to trusts that can benefit all parties involved.

Who Benefits From the Oklahoma Trust Act?

It’s just as important for green card holders to make an estate plan as it is for U.S. citizens. But there are a few additional things to consider. Learn everything you need to know about estate planning for green card holders.

Estate planning for green card holders can help you distribute your assets, mitigate taxes, and protect your estate from creditors. Here’s what you need to know.

A Guide to Estate Planning for Green Card Holders

Yes—not only can green card holders make an estate plan, it’s just as essential for them as it is for U.S. citizens. A thorough estate plan is the best way to make sure your assets go where you want them to go, both during your life and after you pass away. 

Green card holders, also called permanent residents, enjoy many of the same estate planning benefits and abilities as U.S. citizens. Although there are some limitations, estate planning for green card holders should be a little less complicated than it is for non-resident aliens, which is anyone who doesn’t have a green card (officially called a Permanent Resident Card). 

Can Green Card Holders Make an Estate Plan?

Many green card holders have assets, like real estate, in multiple countries. If this is the case, you may need to create multiple estate plans—one for each country where you have assets.

These assets could also be subject to double taxation. However, the U.S. has estate tax treaties with 16 countries to avoid double taxation: Australia, Austria, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Netherlands, South Africa, Switzerland, and the United Kingdom.


Make Sure Your Family Is Taken Care Of

Frequently Asked Questions

Estate Planning Blog

How to File a Small Estate Affidavit in Oklahoma

All About The Oklahoma Trust Act

A Guide to Estate Planning for Green Card Holders

How Hiring Us Works

Meet & Greet

Review Options

Make a Plan

Contact Us