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58 O.S. § 393 · checked 2026-10-21
Oklahoma small estate affidavit limit
In Oklahoma the affidavit for collection of personal property is available when the fair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances is $50,000 or less, and it can be used 10 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $50,000
- 2Waiting period 10 days
- 3Filed with Asset holder
- 4Statute 58 O.S. § 393
What 58 O.S. § 393 says
The operative words of the statute, as read on 2026-10-21:
“does not exceed Fifty Thousand Dollars ($50,000.00)”
That test is applied to the fair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances. The affidavit collects personal property (debts, tangible property, instruments and stock), and it requires that all taxes and debts of the estate have been paid, provided for or barred. Section 393 was last amended in 2017.
Source: 58 O.S. § 393. Last checked 2026-10-21.
Worked examples against the $50,000 limit
| Estate value | Result under 58 O.S. § 393 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — fair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances — not everything the person owned. Oklahoma's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
The statute requires 10 days to pass after the death. For a death on January 15, 2026, the earliest date is January 25, 2026. That is the shortest written waiting period among the 31 jurisdictions here that set one.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Oklahoma could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit for collection of personal property and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West South Central jurisdictions
Arkansas: $100,000 after 45 days; Louisiana: $200,000; Texas: $75,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Oklahoma probate court or its self-help center before filing.