How to Settle an Estate Without Probate

A relative of yours has passed away, and you want to settle the estate without probate. You wonder if this is possible. In some cases, it might be.

You may be able to distribute real property without probate, depending on how the deed is drafted. You may generally distribute motor vehicles without probate, and you may distribute personal property without probate if the estate is small enough. In some cases you may distribute severed mineral interests without probate. There are also ways to distribute items in safe deposit boxes without probate. This article will explore how to distribute various types of commonly owned property in Oklahoma without going through probate.

What Probate Is

First, you should understand what probate is. Probate is the process where, after a person dies, the decedent’s heirs go to court and ask a judge to sign an order distributing the deceased person’s estate.

Most probate cases are relatively simple. A simple probate case takes only a few months, and may cost between $2,000 to $5,000. Sometimes, unscrupulous promoters will try to sell “probate avoidance” schemes, and these promoters will tell you horror stories about probate. Many of these claims are exaggerated. (For example, some people claim that the government may take your assets in probate cases. Often, this is false; in most probate cases, the only assets the government will take is the filing fee to file the probate petition. As of September 8, 2025, the filing fee for a probate petition in Washington County, Oklahoma is $214.14.) Although probate is expensive and time-consuming, the alternative ways of settling an estate without probate can, in many cases, be just as expensive and time-consuming. Although I try to help my clients avoid probate, and it is often a good idea to avoid probate, probate is not the end of the world.

How to Settle an Estate Without Probate after Someone Has Died – Various Types of Property

Real Property

If real property is involved, look at the most recent deed to the property, and see whose name is on the deed.

·         If the deed gives property to more than one person “as joint tenants” then you don’t need go through probate. The surviving joint tenant may go to the county clerk’s file an “affidavit of surviving joint tenant” along with the decedent’s death certificate. The surviving joint tenant will then own the property. (However, if both joint tenants are deceased, you will have to probate the estate of the most recently deceased joint tenant.) For more information on joint tenancy, click here.

·         However, if the deed gives property to more than one person, and the deed does not contain the language “as joint tenants” or similar language, then the situation is more complicated. After the death of the decedent, the surviving owner now only owns a portion of the property. The other portion is now owned by the decedent’s estate, and you will have to go to probate court in order to distribute this share. After you go to probate court, the decedent’s heirs will own the decedent’s share of the property, and the surviving owner will own the other share.

·         If the deed gives property to a trust, then the trust survives the decedent. Find our who the trustee is; that trustee is now the legal owner of the property. For more information about trusts, click here and here.

·         If the deed gives property to a corporation, then the corporation survives the decedent. Find out who controls the corporation; that person has control over the property.

·         If the deed is a “transfer on death deed” that means that the deed provides that a person will gain title to the property upon the death of the grantor. If the deed is a transfer on death deed, the surviving grantee may go to the county clerk’s office, and file an “affidavit of grantee beneficiary” along with the decedent’s death certificate. The surviving grantee will then own the property. However, if there is a transfer on death deed, then the surviving grantee must file the affidavit within nine months of the decedent’s death. If the surviving grantee does not file the deed within nine months after the decedent’s death, the estate will have to be probated. For more information on transfer on death deeds, click here.

·         If the deed gives property to only one person, then the property will have to be probate after the decedent’s death. There’s no way around this.

Vehicles

Generally, motor vehicles don’t need to go through probate. To find out what to do with a motor vehicle after the decedent’s death, read my blog post here.

Personal Property

If the estate is worth less than $50,000, you don’t need to go through probate. All you need to do is submit a “small estate affidavit” to the custodian of the personal property, and you should be able to collect the personal property. To read more about small estate affidavits, click here and here. A small estate affidavit will work for most types of personal property, including stocks and bank accounts.

If the estate is worth more than $50,000, you’ll need to go to probate court to distribute the estate. 

Severed Mineral Interests

This is a tricky issue, and it was the subject of a recent discussion on a message board of Oklahoma probate attorneys.

In 2010, the Oklahoma state legislature amended the small estate affidavit law so that people could file a small estate affidavit and transfer severed mineral interests without going through probate. (See the discussion about small estate affidavits in the section above.) The new law reads:

“At any time after the date of death of a person who was an owner of a severed mineral interest in real estate, any person who claims an interest, immediately or remotely, through the decedent may file with the county clerk of the county where the mineral interest is located an affidavit of death and heirship”

That sounds like the legislature intended that, if you are the heir to a severed mineral interest, you may file a small estate affidavit and distribute the property.

However, 16 O.S. 3.2(D)(3) says, “Oklahoma cases have held that until a will is admitted to probate, it is wholly ineffectual to pass title to real property, including any mineral or leasehold interest and a devisee has no rights to enforce under the will.” This would appear to hold that if there is a will, and that will has not been probated, a small estate affidavit is not effective to transfer severed mineral interests.

There appears to be a conflict in the two statutes here. Because of the conflict, many title examiners (people who look at land records to see who the legal owner is) believe that a small estate affidavit is not effective to transfer severed mineral interests if there is a will that hasn’t been probated. Some are arguing that the legislature should amend the law to fix this problem; if the legislature does so, this blog will bring you an update.

Content of Safe Deposit Boxes

If

·         The deceased renter of the safe deposit box had no will, or

·         The contents of the safe deposit box are the only known assets of the deceased renter

Then the bank may open the safe deposit box, if the heirs present the bank with an affidavit that establishes jurisdiction and the heirs’ relationship to the deceased. All heirs must be present when the bank opens the safe deposit box. If an heir is unable to be present, the heir may sign an affidavit appointing an agent to be present in his place. To read the law on transferring the contents of a safe deposit box, click here.

Need help settling an estate? Contact the Persaud Law Office

At the Persaud Law Office, we’ve helped many clients settle decedent’s estates. We’ll try to find the most cost-effective way for you to settle the estate. If you want to talk to us, give us a call.