Dying without a will in Wagoner County is fairly common. When an individual dies without a will, the law of “intestate succession” will apply. Under this law, the property of the deceased will go to his or her close relatives. Here’s how Estate Planning and property inheritance works in these circumstances.

Dying Without a Will Spousal Share

When a persona dies with a will the property passes per the instruction of the will. If a married person dies intestate (dying without a will) in Oklahoma, what the spouse will inherit depends on whether the deceased has children, grandchildren, siblings, parents, or other descendants. If there are no other relatives except the spouse, all the intestate property will go to the spouse. But if other relatives are there, the spouse will get the share as follows:

• Surviving spouse and children, grandchildren, or great-grandchildren – The spouse will receive 50% of the intestate property.
• Surviving spouse and one or more descendants (who are not the spouse’s descendant) – The spouse will receive 50% of the intestate property that was acquired through joint effort during the course of marriage and divide the remaining 50% with the descendants of the deceased.

Additionally, the surviving spouse in Oklahoma will always be able to inherit one of the vehicles of the deceased.

Dying Without a Will Property Share of the Children

When a parent dies intestate in Oklahoma, the children have an entitlement to receive a share of the property. The share of each child will depend on the number of children involved, whether the parent was married or not, and whether the surviving spouse is also the children’s parent. Children can benefit from the intestacy laws in Oklahoma only when the state legally considers them the deceased’s children. Here a few things to remember in this regard:

• Adopted child: An adopted child has the same rights to intestate property as a biological child.
• Stepchild and foster child: A stepchild or foster child that you never adopt legally will not inherit a share automatically.
• In Oklahoma a child placed for adoption: A biological child that was adopted legally by someone else may still be entitled to a share.
• Posthumous child: A child conceived by the deceased, but born after their death will be eligible to inherit a share.
• Grandchild: A grandchild will inherit a share in intestate property only if his or her parent is not alive.

Half-Relatives of the Deceased

Under Oklahoma intestacy laws, a “half” relative may be able to receive a share as if they were “whole.” For example, if you and your brother had the same father but different mothers, the “half” brother would have the same right to your intestate property as a “whole” brother would have. An exception under Oklahoma laws is ancestral property, which must remain within the blood family only.

When Does the State Get Intestate Property

If a person in Oklahoma dies without a will and has no surviving family members, the intestate property will “escheat” into the coffers of the state. This is a rare occurrence because the intestacy laws aim to give the inheritance even to someone related remotely to the deceased. This may even include uncles, aunts, nephews, nieces, or cousins.

For more information check out our Wagoner Law Blog

Wagoner County Probate Attorneys

Dying without a will in Wagoner County doesn’t have to happen to you. Set yourself and your loved ones up for success by planning your estate today with an attorney that has the experience you need. At Wagoner attorneys at Kania Law Office, we have the expertise to help you with the best possible estate planning or probate issues. Talk to our legal team today for the right legal advice. Call our office today at 918-283-7394 , or if you have a legal question, Ask A Lawyer Here.