Three Documents From the Home State Necessary For an Oklahoma Ancillary Probate
Oklahoma has one true ancillary statute: Okla. Stat. tit. 58 § 677. The basic definition of an ancillary probate in Oklahoma is one performed under this statute. Okla. Stat. tit. 58 § 677 requires certified copies of these three documents from the state of residence (or domiciliary probate).
WillA client must send the Oklahoma attorney a certified copy of the Last Will and Testament, if there is one. This, and the two following documents, can usually be obtained from the Court Clerk (or similar office) in the county of the home state where the domiciliary probate was filed.
Order Admitting / AppointingA client must send the Oklahoma attorney a certified copy of the Order from the home state which admitted the will, if there was one. If there was no will, there will generally be an Order appointing the administrator in the alternative. The name of the Order can vary, and many times the Order deals with other issues in addition. What is important is that the Order admits the will to probate in the home state, or if there is no will, appoints the administrator.
Order DistributingA client must send the Oklahoma attorney a certified copy of the Order which distributes out the domiciliary estate to the beneficiaries / new owners in the home state. In sum, the Oklahoma court will then follow the lead of the home state and distribute the Oklahoma property in the same manner. This is generally the most difficult of the three required documents to obtain, as many states such as Texas do not generally have orders of distribution.
If You Cannot Get These Three Documents - Do Not WorryIf a client cannot obtain and send the three required documents listed above to their Oklahoma attorney, do not worry. It just means a different path will have to be taken instead of an ancillary probate - such as a conventional probate in Oklahoma.