Oklahoma Small Estate Affidavit

The Oklahoma Small Estate Affidavit is a single-page form that lawfully permits a surviving heir to a deceased person to go ahead and collect their possessions from entities that are currently holding them (a bank withholding a savings account, for example). So long the individual completing the form (known as the “successor” or “affiant”) was designated in a will or considered as reasonably connected to them per state law terms, and they complete the form inline with Oklahoma estate law, the document can be used to begin the collection process.

Oklahoma requires successors to wait a minimum of ten (10) days since the death of a decedent and does not permit the use of small estate affidavits if the total value of the estate (assets minus liabilities) is $20,000 or less.

Useful Resources

In order to obtain a motor vehicle that is part of the Decedent’s estate, the Oklahoma Tax Commission, Motor Vehicle Divisions requires that Form 405 be completed and filed.

Laws & Required Conditions

Laws: 58 OS § 393 & 6 OS § 906

Maximum Estate Value: $20,000

Required Conditions: Particular stipulations are noted by Oklahoma state law that the Successor must oblige by when executing a Small Estate Affidavit:

  • Ten (10) days since the date of the decedent’s death must elapse before the successor is allowed by law to execute the affidavit.
  • A personal representative cannot be currently assigned, nor can there be a plan for one to start serving.
  • The successor must have a valid reason to serve in the role.
  • All of the decedent’s taxes and debts related to the estate must have already be paid or accounted for.
  • Specific conditions must be upheld to access any deposit made by the decedent in their bank or credit union, or to access their safety deposit box located in a bank or credit union. The conditions pertaining to these cases are outlined in 6 OS § 906.