Journalist: John Manigah (ORU)
Senator Hunter Spears of Southeastern University introduced “The Uniform Probate Modernization Act” (Se-006), a bill that streamlines the probate process for Oklahomans by simplifying the extensive and unnecessary legal procedures. This bill passed the House and Senate without dispute; not a single delegate voted against it in either chamber.
The bill does this by reducing required paperwork, establishing a clearer timeline for claims, eliminating unnecessary court procedures, and preserving the rights of heirs and children.
What is Probate?
Although this bill passed both the House and Senate unopposed, many may still be unfamiliar with what probate is. Probate is a complex process, but in simple terms, it is the court process of distributing a deceased person’s assets, such as money, cars, or property, to an individual or family according to the deceased person’s written will.
Senator Spears created this bill because of his family’s personal experience in probate court, which lasted four years following the passing of his grandfather. He feels the process was unnecessarily long. “We were going through this process for about four years… We had to hire an attorney; someone contested the will. We had to go through formal court proceedings, and then we finally got to the point a couple of months ago where we could settle with that person, but that is still ongoing, even right now,” said Spears.
Key Provisions:
- Streamlines Property Sharing.
- Redefines and provides clear-cut rules on how a deceased person’s property is divided
- Recognizes that stepchildren can be potential heirs too
- Protects kids who may not have legal rights
- Addresses any legal gaps that could have been left by other family members.
- Reduces mandatory court time.
- Originally, every probate case must go through the formal court process
- Spears requires only complex cases to go through court procedures
- Simple cases are processed with less involvement
- Redefines Timelines.
- Sets a clear timeline for people to claim an individual owes them money (creditor claims)
- Sets a clear timeline for assets to be redistributed
As simple as possible!
In short, the bill simplifies the court process for deciding and distributing a deceased person’s assets, making it faster, less expensive, less stressful, and less of a burden for the people of Oklahoma. “We’re trying to help speed up our probate process and help families out, especially those who can’t afford to hire an attorney,” said Senator Spears.