Fax Legal Oklahoma Affidavits Forms For Free

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.

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. The filer, known as the ?affiant?, has to file this affidavit with the individual or entity that has control over the property itself.

The statute allowing for an affidavit of tangible personal property to transfer an estate's personal assets also allows for an affidavit of death and heirship to transfer severed mineral interests to an heir. The affidavit must be filed with the county clerk in the county where the property is located.

Heirship Determinations When a landowner dies without a will, or beneficiaries are not named in the will, it may be necessary to determine the rightful heirs in Oklahoma court, including intestate succession or probate proceedings. This is known as an heirship determination.

If the cumulative value of a deceased person's probate personal property (not including real estate) that would otherwise go through probate court is less than $50,000, that probate property can be obtained by the deceased person's successors by the use of a Small Estates Affidavit and thus avoid probate.

A blank SAPS affidavit template can be downloaded below, filled in and stamped at any police station.