In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Oklahoma, the law provides a simplified process for administering small estates through the use of a Small Estate Affidavit or a Summary Administration procedure. The Small Estate Affidavit can be used when the value of the estate, less liens and encumbrances, does not exceed $50,000. This affidavit allows the transfer of personal property to the rightful heirs without going through formal probate. It must be signed by the heirs and two disinterested witnesses. For real property, Oklahoma law permits a similar process known as a Summary Administration, which is a shortened version of the probate process. Summary Administration can be used if the decedent has been deceased for more than five years or the value of the estate is $200,000 or less. This process requires filing a petition with the court, but it is generally quicker and less complex than regular probate. Both processes are designed to make the transfer of assets easier and less costly when dealing with smaller estates.