Updated September 13, 2023
An Oklahoma small estate affidavit is a document that is used by a person to claim a right to the property of a deceased person, known as a decedent. The filer, known as the “affiant”, has to file this affidavit with the individual or entity that has control over the property itself. This transfer of ownership can only happen after all of the decedent’s taxes and debts have been paid or otherwise taken care of.
Laws
- Days After Death – Ten (10) days (58 Okl. St. Ann. § 393(A))
- Maximum Amount ($) – $50,000 (58 Okl. St. Ann. § 393(A)(1))
- Signing – The petitioner has to sign this document in the presence of a notary public, who also is required to sign and affix their seal.
- Statutes – Title 58 (Probate Procedure), Chapter 8. Sales and Conveyances
How to File (4 steps)
2. No Personal Representative
Video
How to Write
Download: PDF
(1) Oklahoma County Of Filing. Produce the name of the Oklahoma County the Affiant will file this document with.
(2) Affiant For Oklahoma Decedent Estate. You must self-identify as the Affiant seeking the Oklahoma Decedent’s estate. Assume this role by delivering your full name where it is requested.
(3)Oklahoma Decedent. Document the name of the Oklahoma Deceased to properly aim this document.
(4) Oklahoma Decedent Date Of Death. At least ten days must have elapsed since the Oklahoma Deceased’s date of death. Furnish this date as a demonstration that this action remains compliant with this requirement
(5) Oklahoma Decedent Name. Complete the statement made with the full name of the Oklahoma Decedent.
(6) Name Of Oklahoma Decedent. The declaration being completed requires the name of the Oklahoma Decedent to be supplied a second time where requested.
(7) Oklahoma Decedent Property. Define the property owned by the Oklahoma Deceased. This should be a full description of both tangible (i.e. automobile) and intangible property (i.e. bank account) after the remaining debts of the Oklahoma Deceased’s estate have been paid. Be advised that the total value of the Oklahoma Deceased’s property may not have a sum that is greater than the maximum estate value allowed for a small estate as defined by Oklahoma statutes.
(8) Signature Acknowledgment Of Declaration. Your signature must be produced as the Affiant seeking the estate of the Oklahoma Deceased. Sign your name under the direction of a commissioned Notary Public.
(9) Address Of Oklahoma Affiant. Dispense your residential address.
(10) Notary Action Required. The Notary Public must have an active license and be recognized by the State of Oklahoma. He or she will work to complete the notarization area of this document.
