The Edmond Sun

Local News

April 5, 2013

Laws clear on estates without wills

EDMOND — Q: How is my estate administered if I die without a will?

A: Last week, we defined “probate” as a judicial proceeding to administer a decedent’s last will and testament. We also distinguished an “estate administration” proceeding from a probate proceeding by explaining that an administration is the process used when the decedent died without a will. So, the question now is how does the process work if the decedent died without a will?

First, laws regarding property that pass outside of a decedent’s will equally apply to property that is in an estate without a will. Property that is held in joint tenancy with another person will pass to the survivor without the need for an estate administration. Most married couples own their homes in joint tenancy, and many single people hold real estate in joint tenancy with another person. Cars are often titled in two names. These joint assets pass to the survivor without going to court. But there are some caveats. Joint property can still be subject to payment of the decedent’s debts and taxes. In addition, the surviving joint tenant must file an affidavit with the county clerk in order to become the sole owner of jointly owned real estate.

Assets that the decedent held in his name individually, though, will most likely have to go through an estate administration. The process here is virtually identical to a probate proceeding for a person who died with a will. An interested party, usually a spouse or child, files a petition to administer the decedent’s estate and provides notice to all heirs. The court will appoint an administrator of the estate. The administrator will be charged with collecting and providing an inventory of all the decedent’s assets and liabilities. The administrator will be responsible for notifying the decedent’s creditors to present their claims for payment and for paying all just debts. Depending on the size and nature of the estate, the administrator may have to file estate tax returns or final income tax returns.

Ultimately, the administrator will file a final accounting and ask the court for authority to distribute the estate’s assets to the proper persons. Once approved, the administrator will distribute the assets to the decedent’s heirs and the proceeding will be closed. To whom the assets are distributed when there is no will is well settled and complex. We’ll discuss that issue next week.

MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to

questions@lldlaw.com.

1
Text Only
Local News
  • Boston 1 Arcadia man, 80, prepares for 111th marathon

    A year ago, Arcadia resident Tom Briggs was well into the Boston Marathon course when he heard runners nearby talking about an incident up ahead.

    April 19, 2014 3 Photos

  • Anne Josette Hill Police seek teen last seen in Edmond-north OKC area

    The family of a missing teenage girl made a plea to the public Friday to help them find the Casady honors student.

    April 19, 2014 2 Photos

  • 4-19 Calendar

    For information about Edmond senior programs, stop by and pick up a monthly calendar, check out the website at edmondseniorcenter.com or call 216-7600. Lunch is served at 11:30 a.m. and reservations are needed a day in advance by 11 a.m. For lunch reservations, call 330-6293 from 9 a.m. to 1 p.m.

    April 19, 2014

  • UCO plans Earth Day Fair

    The University of Central Oklahoma invites the community to celebrate sustainability with its Earth Day Fair from 10 a.m. to 6 p.m. April 22 in locations throughout Central’s campus.
    The fair kicks off at 10 a.m. around Broncho Lake with exhibitions from local businesses, state agencies and student organizations. Visitors will have the opportunity to learn about its environmental mission and message.

    April 19, 2014

  • UCO School of Music closes semester with concert series

    The University of Central Oklahoma School of Music will wrap up its instrumental performance season with three concerts featuring Central students April 29 through May 1 at Mitchell Hall Theater located on the UCO campus.    

    April 19, 2014

  • Fine Arts 1 Auction benefits Fine Arts Institute

    The Spring Sampler dinner and auction event April 12 at Oak Tree Country Club benefitted the Fine Arts Institute of Edmond.

    April 18, 2014 4 Photos

  • Kaiser joins Thunder ownership group

    Tulsa businessman George B. Kaiser has been approved by the NBA Board of Governors as a new partner in The Professional Basketball Club LLC, which owns the Oklahoma City Thunder. Thunder Chairman and CEO Clayton I. Bennett made the announcement Friday. Kaiser is purchasing the ownership interest of Tom L. Ward.
    “We are honored to welcome George Kaiser as a member of the ownership group of the Oklahoma City Thunder,” Bennett said. “George is a well-respected and important Oklahoma business leader, as well as one of the state and nation’s top philanthropists. His commitment to successful business and community leadership is in true alignment with that of the Thunder.
    “I also appreciate the commitment and leadership provided by Tom Ward as a member of our ownership group from the beginning,” Bennett added.

    April 18, 2014

  • Literally, books come to life for club

    When some of the women at Touchmark at Coffee Creek got together to form a book club, they didn’t know it would be so much fun and become such an important part of their lives.
    The group of about a dozen residents gets together monthly to not only discuss the assigned novel, memoir or classic, but also to immerse themselves in the setting and culture of the book. There is no limit to their creativity.

    April 18, 2014

  • pink.jpg Local children win Edmond Sun Easter coloring contest

    Two local children were named winners of The Edmond Sun’s Easter coloring contest. At left, Madsion Porter, 4, daughter of Tracy Porter, won a princess Easter basket, which included a tiara, tea set, stuffed bunny rabbit and chocolate rabbit. At right, BriAnna Harbaugh, 9, daughter of Leslie Haubaugh, won a Hello Kitty Easter basket, containing art supplies, a Hello Kitty stuffed animal and a chocolate bunny.  The families also received a three-month subscription to The Edmond Sun. For your own subscription to The Edmond Sun, visit edmondsun.com, call 341-2121, or visit 123 S. Broadway.

    April 18, 2014 2 Photos

  • jc_HarveySparks.jpg Pastor seeks congressional seat

    Working in the Congressional 1st District office of Congressman Jim Bridenstine was an eye opener for Harvey Sparks, he said. His analytical exposure to Congress has sparked his drive to run for the Congressional 5th District of Oklahoma, said Sparks, R-Oklahoma City.
    Sparks has been a pastor for the majority of his professional life. Sixteen months ago, he was asked by 1st District Congressman Jim Bridenstine to come work in his Washington, D.C., office. He and his wife, Jennifer, have three daughters and a son, ages 10-3.

    April 18, 2014 1 Photo

Featured Ads
NDN Video
Jabari Parker's Top 5 Plays From Duke Career More Manpower Than Ever Expected At 4/20 Rally Raw: Fire Destroys 3 N.J. Beachfront Homes My name is Cocaine Raw: Space X Launches to Space Station Lohan Gets Candid About Her Sex List The 2014 New York Auto Show Meet Johnny Manziel's New Girlfriend Chelsea Clinton Announces Pregnancy Funny: Celebrating Easter with Martha Stewart and Friends Man Accuses 'X-Men' Director Bryan Singer of Sexually Abusing Him As a Teenager Man hit with $525 federal fine after he doesn't pay for soda refill Lea Michele & Naya Rivera Feuding? Jabari Parker declares for the NBA draft Singing Nun Belts Out Cyndi Lauper New West, Texas Explosion Video Swim Daily, Throwback Thursday Don't Be A Tattletale: Bad Bullying Tips For Students The trillest thoughts on marijuana "RHOA" Star Charged With Battery
Poll

Do you agree with a state budget proposal that takes some funds away from road and bridge projects to ramp up education funding by $29.85 million per year until schools are receiving $600 million more a year than they are now? In years in which 1 percent revenue growth does not occur in the general fund, the transfer would not take place.

Agree
Disagree
Undecided
     View Results