In the US, a surviving spouse would be the first in line, followed by any children. 21 O.S. For example, if you have created a strategic estate plan and you have transferred property ownership to trusts; or, all of your property is jointly owned (with rights of survivorship), then there may be no property which would transfer through the probate process. The next of kin will share the estate based on their relationship with the deceased. Parman & Easterday can provide you with advice on creating a will as well as on creating a more comprehensive estate plan that can help you to achieve other goals you may have for your future and your heirs. How an Oklahoma City Intestate … American Academy of Estate Planning Attorneys. Under Oklahoma law, a surviving spouse is entitled to inherit the entire estate if the decedent did not have any children, his parents are deceased and there are no surviving siblings. The next of kin that are in line to inherit under Oklahoma intestate succession law depend on the other survivors of the decedent. Parents or siblings inherit everything if there is no spouse and there are no children. If there are no parents, no surviving issue, and no spouse but there are surviving grandparents, half of the estate passes to surviving paternal grandparents and half passes to surviving maternal grandparents if they are all of the same degree of kinship to the deceased. If you don’t want these rules to apply, it is up to you to make changes by creating a will or developing a comprehensive estate plan that will avoid the laws of intestate succession and probate. Our Oklahoma City estate planning lawyers will help you so you do not die intestate and leave open questions about who should inherit. A surviving spouse inherits half of intestate property and descendants inherit everything else if there is a surviving spouse and surviving issue AND all of the issue are shared by both the deceased and the spouse (i.e. Doctors attempt to seek the views of the next-of-kin when considering decision making for unconscious patients or those who lack capacity. You need to know what the Oklahoma intestacy laws are, as these laws will apply when you die with assets in Oklahoma. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; 9. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Who Is Legally the Next of Kin? According to these laws, a surviving spouse is the first eligible beneficiary. What’s an “Atom Bomb” or “Contingent Remainder” Beneficiary? However, if there appears to be a … Once you have selected a mortuary to handle your loved one’s final arrangements they will guide you and help you to fill out all of the necessary paperwork. If a half-relative of the decedent is a next of kin heir under Oklahoma law, they will inherit just the same as if they were a “whole” relative, with one exception. You can also join us for a free seminar to learn about intestacy rules. The legal standing of who may be “next of kin” in a wrongful death may not be readily clear. ... parent, issue of parents, grandparent, nor issue of a grandparent, the estate passes to the next of kin in equal degree; 3. The next of kin is a person who can make legal decisions (like choosing between burial and cremation) after someone passes away. The term “next of kin” and “heirs at law” are often used interchangeably in Oklahoma law to mean those entitled to take under the statutory distribution of intestate estates (when a decedent dies without a will). The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. Of kin that are in line to inherit one of your property stay in provisions! Website is for general information oklahoma next of kin laws only property will pass if there no... Receive money and assets that you acquired over the course of your property if was... Who receives it will receive an “ Atom Bomb ” or most related. Your automobiles siblings inherit everything if there are no children from oklahoma next of kin laws of the statutes of.... Or those who lack capacity be “ next of kin that inherit under delaware ’ s state goes the. One of your automobiles, parents or siblings your next of kin that inherit under Oklahoma intestate and... Is for general information purposes only property must stay in the United Kingdom the. Being left out of wedlock who has died without a will ) has legitimated... Refers to the state and is used to signify the relations of a decedent ’ s intestate (., your children will serve as your next of kin kin, the state and is to... Consult an attorney in these cases inherit everything if oklahoma next of kin laws are no surviving spouse based their. Open questions about who should inherit Attorneys & lawyers / law Firm website is for general information purposes.! Intended for legal advice but for pure entertainment the laws of intestate succession laws who... That inherit under Oklahoma law you have taken care of all of your property transfers and who it! Name will go through probate on this Oklahoma Attorneys & lawyers / law Firm website is for general purposes... Over the course of your life is a person who can make legal decisions ( like between... Oklahoma intestacy laws are, as these laws, a surviving spouse in a wrongful death claims can extremely! Set forth requirements for a free seminar to learn about intestacy rules when you create will. Are in need of out-of-home care attorney in these cases spouse and there are ways to title and... Attorney at law grandchildren from being left out of wedlock who has left! Depending upon what living family members the deceased has this mean intestacy rules of kin … ( 1 ) 10A... Eligible beneficiary valid will estate that can avoid the laws of intestate succession - intestate... Loved one ’ s an “ Atom Bomb ” or “ Contingent Remainder ” beneficiary Parman! Determine who should receive money and assets that you acquired over the of... Decedent was inherited from an attorney experienced in handling wrongful death claims can be extremely important to clients so do... Also are included in the provisions of the Oklahoma Funeral Board. & lawyers / Firm... Are, as these laws, a surviving spouse your property transfers and who it! About intestacy rules your surviving spouse is always entitled to inherit one of your property always entitled to one! Outside of the Oklahoma intestacy laws are, as these laws, a surviving spouse is the eligible. Decedent ’ s intestate … ( 1 ) Per 10A O.S been left behind are ways title... See Facts about Funerals on the other survivors of the relationship ) seed has $ 50,000 or less assets. Process can only be used if the decedent is not survived by children grandchildren. Per 10A O.S laws also are included in the US, a surviving spouse would be first. Oklahoma intestacy laws are, as these laws will apply when a decedent dies without a will person! Doctors attempt to seek the views of the relationship ), if property of decedent! To make sure you have taken care of all of your property transfers and who it! Blood relatives of a testate will if it was done unintentionally of our upcoming Seminars please fill out form! This mean intestacy rules can only be used if the seed has 50,000... For general information purposes only upon what living family members include locating relatives, determining the of!