Probate Law:
Probate law generally involves all matters which
concern the distribution of property after a person’s
death. If a court proceeding is required it may be a
“probate”, which involves distribution of property
according to the terms of a Last Will and Testament, or
an “Administration” which occurs when there is no Will.
In the case of an administration the property will be
distributed according to the laws of “intestate
succession” to the decedent’s heirs at law.
After death property may also be distributed by
other means, such as by:
Joint tenancy with right of survivorship
Transfer on death or payable on death provisions
Beneficiary designations
The terms of a Trust
Estate Planning:
Closely associated with Probate Law is the area of
Estate Planning. One function of this field of law involves
the preparation of documents which provide for the
distribution of a client’s property at death or which grant
authority to another person to deal with assets during
one’s lifetime.
These documents may include:
Last Wills and Testaments (“Wills”)
Powers of Attorney (Durable or Non-Durable)
Revocable or Irrevocable Trusts
Many of our members who practice Probate Law
also provide Estate Planning services.
Real Estate Law:
“Real Estate Law” is a very broad category which
includes all matters affecting the ownership and use of
land. Some of these matters are:
•
Clearing title to land such as by a “Quiet Title Suit”
•
Dealing with issues concerning liens affecting land
•
Dealing with issues concerning easements over land
•
Presenting or contesting zoning change requests
•
Preparation and review of deeds and mortgages
•
Preparation and review of contracts to sell or
purchase real estate
•
Preparation and review of leases of real estate
•
Dealing with all issues concerning oil, gas, coal and
other mineral ownership or rights.
•
Formation and representation of homeowner’s
associations.
Examination of Abstracts:
The examination of an abstract is necessary to determine the
ownership of land (“surface”) and/or mineral interests
associated with the land. The examination will also disclose
whether there are any liens affecting the property, easements
across the property, claims against the property and other
matters which may affect the ownership or use of the land.
An examination done to determine mineral interests will
disclose the owners of the mineral interests, the percent that
each owns, leases of the interests and the identity of any
persons entitled to royalty payments.
After an attorney has examined an abstract to determine the
ownership of the surface, a title opinion and/or commitment
to issue title insurance will be issued.
The findings of the attorney concerning an examination of the
mineral interests will be set forth in an “oil and gas” title
opinion.
The Tulsa Title and Probate
Lawyers Association
Welcome
The purpose of The Tulsa Title and Probate
Lawyers Association is to furnish a medium for
the meeting, exchanging of ideas, and
encouragement of cooperation among attorneys
and members of the judiciary of the Tulsa,
Oklahoma, area who are especially interested in
the areas of legal practice encompassing the
examining abstracts of title to real estate, real
estate law and probate law.