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Oklahoma Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Oklahoma.

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Types of Probate in Oklahoma

Oklahoma has three estate settlement routes depending on estate value and circumstances: summary administration (available for estates $300,000 or less, or when the decedent died more than five years ago or lived out-of-state), dispensing with regular proceedings (for estates under $150,000), and small-estate affidavit (for assets under $50,000). Which route applies depends on the value of the estate and whether the decedent left a will.

See the full comparison of Oklahoma probate typesWhich procedures exist, who qualifies, and how the timelines compare.

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Oklahoma Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 77 counties have detailed data.

Show all 77 counties
Full data available: CimarronFull data available: ClevelandFull data available: CoalFull data available: ComancheFull data available: CottonFull data available: CraigFull data available: CreekFull data available: CusterFull data available: DelawareFull data available: DeweyFull data available: EllisFull data available: GarfieldFull data available: GarvinFull data available: GradyFull data available: GrantFull data available: GreerFull data available: HarmonFull data available: HarperFull data available: HaskellFull data available: HughesFull data available: JacksonFull data available: JeffersonFull data available: JohnstonFull data available: KayFull data available: KingfisherFull data available: KiowaFull data available: LatimerFull data available: Le FloreFull data available: LincolnFull data available: LoganFull data available: LoveFull data available: MajorFull data available: MarshallFull data available: MayesFull data available: McClainFull data available: McCurtainFull data available: McIntoshFull data available: MurrayFull data available: MuskogeeFull data available: NobleFull data available: NowataFull data available: OkfuskeeFull data available: OklahomaFull data available: OkmulgeeFull data available: OsageFull data available: OttawaFull data available: PawneeFull data available: PayneFull data available: PittsburgFull data available: PontotocFull data available: PottawatomieFull data available: PushmatahaFull data available: Roger MillsFull data available: RogersFull data available: SeminoleFull data available: SequoyahFull data available: StephensFull data available: TexasFull data available: TillmanFull data available: TulsaFull data available: WagonerFull data available: WashingtonFull data available: WashitaFull data available: WoodsFull data available: Woodward

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Oklahoma Estate Law Overview

Oklahoma Estate Tax Info

Oklahoma has no estate tax, no inheritance tax and no probate tax. Opening an Oklahoma estate costs a flat statewide court filing fee, not a percentage of what the estate is worth.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession decides who inherits the property of a person who dies domiciled in Oklahoma without a valid will, or whose will did not dispose of everything. The property of one who dies without disposing of it by will passes to the heirs, subject to the control of the district court and to the possession of any administrator appointed for administration (Okla. Stat. tit. 84, § 212).

View spouse inheritance rules

View order of inheritance (no spouse)

Oklahoma Homestead Protection

Oklahoma's homestead protection is a creditor exemption and an occupancy right in a person's home. It is defined by ACREAGE rather than by a dollar value for an ordinary residential homestead: up to 160 acres outside a city or town, or up to one acre within a city or town. It is not a Florida-style restriction on who may inherit the home.

Exempt Property

Oklahoma protects a surviving spouse and minor children through three mechanisms out of a decedent's estate: continued occupancy of the homestead, a set-aside of exempt family property, and a reasonable family maintenance allowance during administration. These come ahead of general creditors.

Oklahoma Probate Questions

How much does probate cost in Oklahoma?
Oklahoma probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Oklahoma fee calculator for county-specific estimates.
How long does probate take in Oklahoma?
The timeline varies by route. Summary administration and dispensing with regular proceedings typically take 3-6 months with a 30-45 day creditor window. Regular (informal) probate typically takes 6 months to a year depending on the estate complexity and creditor claims. Small-estate affidavit (a non-court process) is usually fastest, typically completed within 1-2 months from the death.
Do I need an attorney for probate in Oklahoma?
Attorney requirements vary by probate route in Oklahoma. An attorney is not required for summary administration, dispensing with regular proceedings, or small-estate affidavit, though legal review is recommended for complex estates, contested issues, or when family disagreements arise. For regular probate, an attorney is not statutorily required but is commonly retained to handle the filing deadlines and court procedures.