- Married with no children
- 1) Spouse is entitled to complete ownership of a car owned by the decedent.
2) If there are no surviving children, parent(s) or sibling(s), the surviving spouse is entitled to the entire estate.
3) If there are no surviving children but there is a surviving parent or sibling, the spouse is entitled to all property acquired by the joint industry of the spouses during their marriage, plus one third interest in the remaining estate. - Married with child or children
- 1) If there are surviving children, all of whom are also issue of the surviving spouse, the surviving spouse is entitled to an undivided one half interest in all of the property.
2) If there are surviving children who are not also children of the surviving spouse, the spouse is entitled to a one half interest in the property acquired by the joint industry of the spouses during their marriage, plus an undivided equal part in the estate not acquired jointly. The balance is divided with each of the decedent’s children and the lawful issue of any deceased child. - Order of estate distribution if spouse survives
- Any part of the state not passing to the surviving spouse passes in the following order:
1) Surviving children and issue of any deceased child
2) Parents
3) Parent’s children
4) Grandparents or issue of grandparents
5) Next of kin in equal degree - No spouse survives but there are other relatives
- 1) Surviving children and issue of any deceased child
2) Parents
3) Parent’s children
4) Grandparents or issue of grandparents
5) Next of kin in equal degree - Order of estate distribution of decedent not married, widow or widower
- 1) Surviving children and issue of any deceased child
2) Parents
3) Parent’s children
4) Grandparents or issue of grandparents
5) Next of kin in equal degree - No surviving relatives
- The estate passes to the state of Oklahoma for the support of common schools.
- State link
- http://www.lsb.state.ok.us/Look for Title 84.
- Other links
- None
- Special notes
- Upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Cherokee, Chickasaw, Choctaw or Seminole Nations or Tribes of Oklahoma or a person of the blood of those tribes has died intestate without heirs, owning trust or restricted Indian lands in Oklahoma or an interest therein or rents or profits there from, such lands, interests or profits shall escheat to the Nation or tribe from which title to the trust or restricted Indian lands or interest therein was derived and shall be held thereafter in trust by the United States for that nation or tribe.