I recently learned I must probate my Grandmothers probated will from Kansas and my Fathers probated will from Missouri in Oklahoma. I will immediately probate them in Grady county but I have mineral rights in three other counties. Do I have to probate them in each county? I thought once you do it in Oklahoma that was good for all of Oklahoma. Thanks for any advice.
No. You are not required to probate in each county. The attorney conducting your ancillary probate proceedings will advise you of the same. I am unsure if you can combine both estates into a single probate proceeding but make sure you inquire if this is possible. It will save you billable attorney hours.
Try to list all known properties in the proceedings and ensure there is a rest and residue clause. After the probate is completed simply send a copy of the final decree to each county wherein you own property.
I thought the same but wanted to check. I was told you can combine probates to save fees. Thank you for the advice as this will make it easier to file in each county. Again, Thank you.
Please explain "rest and residue clause". Thanks -
you can combine both probates in one proceeding.
As to the question about rest and residue clause, this is a clause that, in essence, says that in the event not all properties are listed, or the heirs discover omitted or unknown mineral interests, that the these interests are distributed to Rodney and his siblings in the same fractional amount as the interests where the description is known.