Oklahoma Small Estate Affidavit | Affidavit of Heirship

Oklahoma allows loved ones or other successors to file affidavits to claim personal property like bank accounts, real estate, or vehicles of decedents who owned property in the state and died without leaving a last will and testament. In Oklahoma, the affidavit of heirship covers bank accounts and other finances specifically, while the small estate affidavit covers real estate and mineral rights, and a separate small estate affidavit covers vehicles like boats, cars, and trucks. The state requires successors to turn over affidavits to the “custodian,” who will most likely be a representative from the Oklahoma Tax Commission Offices.

Affidavit of Heirship: in Oklahoma, successors may file an affidavit of heirship to collect bank accounts and other finances, but not other tangible property.

Small Estate Affidavits – Vehicles and Other Real Estate: Oklahoma has two small estate affidavits, one for vehicles only, and another for other real estate property like homes or land.



Under Oklahoma statute 58 OS §393-394, successors can file an affidavit of heirship if the decedent’s estate qualifies as a “small estate.” Because Oklahoma affidavits of heirship cover bank accounts and other finances, the accounts may not exceed $20,000 in value. This can also qualify for tangible personal property that…

The small estate affidavit is governed by Oklahoma statute 6 OS §906. Successors can file a small estate affidavit as long as the total value does not exceed $50,000.; or, if the decedent passed away more than 5 years ago, the estate may value as much as $200,000. This statute…

The small estate affidavit for vehicles in Oklahoma requires a second form called the No Administrator Affidavit, which allows vehicles valued below $20,000 owned by a person who has passed away to be transferred to successors. Along with a certified copy of the death certificate, successors can avoid probate and…