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What Is An Affidavit Of Heirship in Oklahoma. Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.

Located in this state ? if all of the property that the decedent owns, located in this state, is of a total value less than $50,000, it's a small estate. If the decedent owns property outside of Oklahoma, this out-of-state property does not count in determining whether an estate is a small estate.

An Oklahoma small estate affidavit is a document that is used by a person to claim a right to the property of a deceased person, known as a decedent.

If you are thinking about filing an affidavit of heirship, it will need to include: Identity of all of the heirs of the estate. Your legal name and address. Relationship to the deceased. Length and type of relationship. Name of any spouses of the deceased. Name of any children of the deceased.

The affidavit can be used whether the decedent had a last will and testament or not. But the total value of the Oklahoma estate of the decedent must be under $50,000. An ?estate,? as used in the statute, does not include any property that would not be subject to probate.

There is no legal requirement to have a lawyer represent you to probate a will in Oklahoma County Probate Court. However, there are benefits to doing so. For example, a lawyer can help you: With creditor claims filed against the estate.