Is Affidavit Death & Heirship sufficient vs. Probate?

However, Oklahoma does not accept a family trust so we had to do a probate in OK.

Let me correct what may be an unintentional misstatement. Oklahoma does acknowledge and accept family trusts. But, like all states, the property has to have been deeded or conveyed into the Trust prior to the death of the decedent.

Two examples, Dad executes a will stating that all his property goes to the Dad Family Revocable Trust upon his death. Dad dies. Since Dad died with the property still in his name, a probate needs to be done to have the will acknowledged to be a valid will and the property is distributed to the Dad Family Revocable Trust. A second example, Dad has a lawyer prepare a Trust and deeds all his property in Oklahoma into the Trust prior to his death. In this instance, no probate is necessary because the Trust already owns the property. In the first example, Dad died with the property in his name. Probate needed. In the second example, the property was deeded to the Trustee of the Trust. No probate needed.

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