What is Meant by Probating an Estate?

Probating an estate is a legal process started after a person's death to determine the person's assets, the value of those assets and the distribution of those assets according to federal law. For Trust land, the process to convey to successive generations is administered by the Office of hearing and Appeals of the Department of the Interior.

If the deceased owned other property not held in trust but held restricted or fee simple, that property cannot be a part of the Office of Hearing and Appeals process. It must be probated separately in the District Courts of Oklahoma in the county where the deceased lived.

If there is property in another state, it will be necessary to conduct additional proceedings called "ancillary administration" in that state. Federal and state law provides for the probating of estates to protect all parties who have any interest in the estate.

Cherokee Nation Real Estate Services
P. O. Box 948
Tahlequah, OK 74465
Ofc: 918-453-5000
Fax: 918-458-0329
Ginger Brown, Director

General Contact
communications@cherokee.org 918-453-5000