Oklahoma Small Estate Affidavit

After ten (10) days have elapsed since the death of an individual, a party reasonably connected to them as per state law terms, such as their surviving spouse or child, may choose to file an Oklahoma Small Estates Affidavit. Unlike a typical probate hearing through the courts, an Affidavit can be executed with relative ease, so long as all required stipulations set out by state law are met.

Useful Resources

In order to obtain a motor vehicle that is part of the Decedent’s estate, the Oklahoma Tax Commission, Motor Vehicle Divisions demands that Form 405 must 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 first elapse before the Successor is permitted by law to execute the Affidavit,
  • A personal representative cannot be currently serving, nor can there be a plan for one to start serving,
  • The Successor must have a valid reason to serve in their role,
  • All of the Decedent’s taxes and debts related to the estate must have already be paid or accounted for, and
  • 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.