Some legal matters arise not from planning, but from life itself.
A loved one passes away and leaves behind property, accounts, and unanswered questions. A parent, child, or family member becomes unable to safely manage their own affairs. Decisions must be made. Responsibilities must be accepted. Courts become involved.
At Roots Law, we help families navigate these transitions with clarity, compassion, and confidence. Whether you are serving as a Personal Representative in a probate estate or seeking to protect a vulnerable loved one through guardianship, we help you understand the process, fulfill your responsibilities, and move forward with confidence.
Our goal is simple: provide steady guidance during difficult seasons so that families can focus on the people they love—not just the paperwork.
Probate
Settling an Estate With Care and Confidence
Probate is the court-supervised process for transferring property after someone's death. While every estate is different, most probate cases follow a similar path involving court appointments, creditor notices, estate administration, and final distributions.
Many families are surprised to learn that being named in a will does not automatically give someone authority to act. In most cases, the court must appoint a Personal Representative (sometimes called an Executor) before assets can be collected, sold, or distributed.
What We Help With
- Probate administration
- Appointment of Personal Representatives and Special Administrators
- Transfer of real estate and financial accounts
- Creditor notices and claims
- Estate accountings
- Distribution planning
- Final court approval and estate closing
What to Expect
Most Oklahoma probate cases progress through five general phases:
Filing to Administer the Estate or Admit a Will
We prepare and file the probate petition, gather information regarding heirs and beneficiaries, and obtain the documents needed to start the court process.
Appointment of a Personal Representative
The court appoints a Personal Representative and issues Letters Testamentary or Letters of Administration, granting authority to act on behalf of the estate.
Notice to Creditors
Oklahoma law requires notice to creditors and provides a period for claims against the estate. This phase often includes published notice and mailed notices to known creditors.
Estate Administration
The Personal Representative works to identify assets, address creditor claims, manage estate finances, and prepare for eventual distribution. Some estates require the transfer or sale of assets during this period.
Final Accounting and Distribution
Once debts, expenses, and administrative tasks are complete, we prepare the final accounting, obtain court approval, and assist with distributions to beneficiaries. The estate closes when the court discharges the Personal Representative.
Selling Real Estate During Probate
For many families, the most important asset in an estate is the family home.
Probate real estate transactions often require additional court authority before a deed can be signed or a closing can occur. Depending on the circumstances, the sale may proceed through a streamlined process or a more traditional court-supervised approval process.
Families are often surprised to learn that:
A proposed closing date may not be final until court authority is confirmed.
Sale proceeds generally remain estate assets until probate requirements have been completed.
Additional notice requirements, hearings, or court approvals may affect timing.
Our team regularly coordinates with personal representatives, realtors, title companies, lenders, and beneficiaries to help these transactions move as smoothly as possible.
Guardianship
Protecting Those Who Cannot Protect Themselves
Sometimes a loved one reaches a point where they are unable to safely manage their finances, healthcare decisions, or day-to-day affairs. When other planning tools are unavailable or insufficient, a guardianship may provide the legal authority necessary to help protect them.
A guardianship is a court process that allows a responsible person (the Guardian) to make decisions for another person (the Ward) who is unable to manage personal, financial, or healthcare matters independently.
Guardianship is not primarily about control – it is about protection, care, and stewardship.
Situations That May Call for Guardianship
- An aging parent experiencing significant cognitive decline
- A child with special needs who has reached adulthood
- A loved one suffering from dementia or Alzheimer's disease
- Individuals with developmental disabilities requiring ongoing support
- Circumstances where no valid powers of attorney exist
What to Expect
Information Gathering and Case Preparation
We gather information regarding the proposed Guardian, the Ward, family members, finances, living arrangements, and evidence supporting the need for guardianship. Background checks and supporting documentation are often required.
Filing the Petition
After preparing the necessary court documents, we file the case and begin the court process. The court generally appoints an attorney to represent the Ward and schedules a hearing.
Notice Requirements
Family members, interested parties, and the Ward must receive notice of the proceeding before the hearing can take place.
The Guardianship Hearing
The judge reviews the evidence, considers the Guardian's qualifications, evaluates the Ward's needs, and determines whether guardianship is appropriate. If approved, the court issues Letters of Guardianship.
Ongoing Responsibilities
Guardianship does not end after appointment. Guardians often have continuing responsibilities that may include inventories, plans of care, annual reports, and court updates regarding significant changes in the Ward's circumstances.
A Responsibility, Not Just an Appointment
Many new guardians assume the court process ends once they receive their appointment papers. In reality, guardianship creates an ongoing fiduciary responsibility to act in the Ward's best interests, maintain records, comply with reporting requirements, and seek additional court approval when required.
Our team helps guardians understand both the initial appointment process and the responsibilities that continue afterward.
Probate or Guardianship?
Both probate and guardianship involve court oversight, but they serve very different purposes.
Whether you are settling an estate after a loss or protecting a vulnerable loved one, Roots Law can help you understand your options and navigate the process with confidence.
You Don't Have to Navigate the Court Process Alone
Court proceedings can feel overwhelming—especially when they arise during times of grief, uncertainty, or family transition. Our role is to help make the process understandable, manageable, and purposeful.
At Roots Law, we believe that even during life's most difficult seasons, good guidance can help families remain focused on what matters most: connection, provision, and protection.
Frequently Asked Questions
What is probate?
Probate is the court-supervised process of transferring assets from a deceased person to living persons or organizations.
How long does probate take in Oklahoma?
The timeline varies based on the complexity of the estate, the assets involved, and whether disputes arise. A very short probate in Oklahoma last 5-6 months.
Is probate always required?
No. Some assets transfer automatically outside probate, and certain small estates may qualify for simplified procedures.
Probate is only necessary when a deceased person is the only owner of property. If assets have joint owners, beneficiaries, or are titled in trust, they do not require probate.
What happens if someone dies without a will?
Oklahoma law determines who inherits property and who has priority to serve as personal representative.
Can a house be sold during probate?
Yes. In many cases real estate can be sold during probate, although court approval is required.
What is guardianship?
Guardianship is a court process used when someone cannot manage their personal affairs, finances, or both.
How do I know if my loved one needs a guardian?
Guardianship may be appropriate when less restrictive alternatives, such as powers of attorney, are unavailable or no longer effective.
Can guardianship be avoided?
Often, yes. Comprehensive incapacity planning – using powers of attorney, medical directives, and trusts – can help many families avoid the need for a guardianship.
How much does probate and guardianship cost?
Costs vary significantly depending on the assets involved, complexity, and whether disputes arise.
