What Is Probate? A Guide for Bartlesville Families

Probate is where a court distributes property of a deceased person. In two previous posts (here and here) I describe what happens in probate court in Oklahoma. In this post, I describe the probate process specific to Bartlesville.

When is a Probate Case Heard in Bartlesville?

According to the Oklahoma statute of venue for probate cases, Washington County has jurisdiction to hear a probate case if:

·         The decedent was an Oklahoma resident at the time of his death, and was also a resident of Washington County at the time of his death;

·         The decedent was not an Oklahoma resident at the time of his death, but died in Washington County, and left an estate in Washington County;

·         The decedent was not an Oklahoma resident at the time of his death, but left an estate in Washington County, or

·         The decedent was not an Oklahoma resident at the time of his death, and left no property in Oklahoma, but died in Washington County.

·         If the decedent was not an Oklahoma resident at the time of his death, and left an estate in more than one county, and did not leave an estate in the county where he died, then the county where the probate is filed first, has exclusive jurisdiction over the probate.

How Does a Person File Probate in Washington County Oklahoma?

If Washington County has jurisdiction over a probate case, you must go to the Washington County Courthouse to file the probate. The Washington County Courthouse is located at 420 S. Johnstone, in Bartlesville. Here is a photo of the courthouse:

To file a probate, you (or your lawyer) must first prepare a petition. The petition must state:

·         Your name

·         The facts that show that the Washington County District Court has jurisdiction;

·         The names, ages, and residences of the heirs, devisees, and legatees of the decedent;

·         The value and character of the property;

·         If the decedent had a will, the petition must state whether the person named as executor in the will agrees to serve as executor, or renounces his right.

You must also prepare an order for the judge to sign. This order will state the date and time of the hearing.

It is difficult for most non-lawyers to prepare all of these forms themselves. I recommend that if you are filing a probate case, you use a lawyer if at all possible. In Washington County, almost everyone who files a probate case uses a lawyer; I have seen very few people represent themselves in Washington County probate cases. For more information on why you should not represent yourself in court, read my blog post here.

After you have prepared these forms, you or your lawyer must go to the courthouse and file the forms in the court clerk’s office. The court clerk’s office is on the first floor of the courthouse; it looks like this:

When you go to the court clerk’s office, file the petition and pay a filing fee. As of January 12, 2026, the filing fee for a probate case is $220.39. Also, give the order to the court clerk, and ask the court clerk to give the order to the judge, so that the judge can sign the order and give you a date for the first hearing. Ask the clerk to call you and tell you when the judge has signed the order.

If you cannot travel to the court clerk’s office to file the petition, you may mail the documents to the clerk’s office. As of 2026, the Washington County Court Clerk’s office does not allow you to file electronically.

What Happens After you File a Probate Case

After the judge has signed the order setting hearing, you must send notice of the date and time of the hearing, by first-class mail, to all heirs, devisees, and legatees. If there are any heirs, devisees, or legatees whose addresses you don’t know, you must publish notice of the hearing in the Bartlesville Examiner-Enterprise. You may publish the notice by submitting it electronically at this website here:

https://legals.gannettclassifieds.com/legals/home/listItems.html

You must pay a fee to publish the notice.

On the hearing date, you must appear in court at the Washington County Courthouse. Generally, you must appear personally; some judges in Washington County will allow you to appear by phone, or through your attorney.

At the hearing, if no one contests your application to serve as personal representative of the estate, and if the judge finds that you are qualified to serve as personal representative, the judge will sign an order appointing you personal representative. You must also sign an oath stating that you will properly perform the duties of personal representative.

If someone does contest your application to serve as personal representative, the judge will set a date for a trial to decide who should serve as personal representative. If no one contests your application to serve as personal representative, and the judge still finds you unqualified (which does sometimes happen) you will have to find someone else to act as personal representative.

If the judge appoints you personal representative, then, within two months, you must do the following two actions:

1.    You must file an inventory, describing all the property of the estate.

2.    You must send notices to all known creditors of the decedent, and you must publish notice to creditors in the Bartlesville Examiner-Enterprise. If you do not know of any creditors, you must file an affidavit saying you don’t know of any creditors. You still must publish notice to creditors in the Bartlesville Examiner-Enterprise.

While you are personal representative, you will “stand in the shoes” of the decedent, and you will be able to take actions regarding the deceased’s property. If any creditor presents a claim, you must decide whether to pay the claim. If you do not pay the claim, the creditor may sue you. (If any creditor does not file a claim within two months of the notice, his claim is barred). Also, if the decedent was a party to any lawsuit, you may substitute yourself for the decedent in the suit. If the decedent had the right to file a lawsuit, and his right has not expired, you may file suit on behalf of the decedent. You may also obtain an order from the court to sell property of the estate. Also, if the court approves, you may distribute portions of the estate to the heirs. At any time while you are serving as personal representative, if an heir is displeased with the way you are handling matters of the estate, the heir may ask the judge to remove you as personal representative. The judge then will decide whether to remove you; the judge may hold a hearing and allow each side to present evidence as to who should act as personal representative.

After you have taken care of all matters of the estate, you must file a “final accounting” with the court clerk. In this final accounting, you must state what actions you have taken as personal representative, and what property remains in the estate that has not been distributed. When you file a final accounting, you must also prepare an order for the judge to sign; this order will set a date for a hearing. When the judge sets a date for the hearing, you must send notice of this hearing to all heirs, devisees, and legatees. You must also publish notice of this hearing in the Bartlesville Examiner-Enterprise. (Note the difference between a hearing on the initial petition – which I described above – and the hearing on the final account. For the hearing on the initial petition, you don’t need to publish notice in the Examiner-Enterprise unless any heir, devisee, or legatee has an address that you don’t know. For the hearing on the final account, you must publish notice in the Examiner-Enterprise even if you know the addresses of all heirs, devises, and legatees.)

On the hearing date, you must appear in court, and ask the judge to sign an “order allowing final account.” If the judge is satisfied that you have managed the estate properly, and the estate is ready for closing, the judge will sign an order allowing final account. This order will:

1.    Close the probate

2.    Discharge you from all of your duties as personal representative; and

3.    Distribute all remaining property of the estate to all heirs, devisees, and legatees.

After the judge signs the order allowing final account, you are done, and the probate is over. (Possibly you will still need to take care of certain matters. For example, if the decedent owned land, you will need to file the order allowing final account in the county clerk’s office in the county where the land is located.)

How Long does Probate Take in Washington County Oklahoma?

In recent years, it has taken an average of 334 days to complete a probate case in Washington County. In my earlier post, “How Long Is the Probate Process in Oklahoma?” I analyze, in detail, the amount of time it has taken to complete probate cases.

Because of the length of time it takes to handle a probate case (as well as the complexity of the case, and the legal fees required) many people look for probate substitutes, such as trusts, transfer-on-death deeds, joint tenancies with right of survivorship, and other devices. If you would like to prepare an estate plan that can help your heirs avoid probate, you may want to contact the Persaud Law Office for help.

Need Help with a Washington County Probate? Contact the Persaud Law Office

The Persaud Law Office has handled many probates in Bartlesville and the surrounding area. If you have a probate that needs to be heard in Washington County, we’re happy to help. Contact us today for a free consultation.