PROBATE - This is the legal process of administering a deceased person's estate who had a valid will at the time of death. The probate process involves validating the will, appointing an executor, identifying the heirs, providing notices to creditors, inventory and appraisal of all property, resolving all claims and debts against the estate, preparing and filing all tax returns and distributing the decedent's property according to his/her will.
ESTATE ADMINISTRATION - When a person dies without a will, they are considered "intestate." In the case of an intestate person, the legal process is called "estate administration." Estate administration involves the same processes set forth above for probate, except that validation of the will is not necessary because there is no will. Because there is no will setting forth how the decedent wants his/her property distributed, the property is distributed to the decedent's heirs at law. The decedent's heirs at law are determined by Oklahoma statute. Even though the separate processes are known by different names, they follow some very similar procedures.
When there is a will, the first thing the court does is review and determine the validity of the will. After the will is determined to be legally valid, the court appoints an executor or personal representative, who is responsible for ensuring that the will is administered correctly. The executor or personal representative has the duty to oversee and dispose of the decedent's assets in the manner that is set forth in the will, and in accordance with the law.