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Adair County, OK Probate Information
Quick facts
| Item | Adair County information |
|---|---|
| Court | District Court of Adair County |
| Filing office | Adair County Court Clerk |
| Courthouse address | Adair County Courthouse, 220 West Division Street, Stilwell, OK 74960 |
| Mailing address | P.O. Box 426, Stilwell, OK 74960 |
| Phone | (918) 696-7633 |
| Fax | (918) 696-5365 |
| Hours | 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., closed for lunch from 12:00 p.m. to 1:00 p.m. |
| Filing fee | $135.00 probate and guardianship flat fee effective November 1, 2025 under 28 O.S. § 152(A)(3), plus statutory add-ons. Adair County does not publish a local probate total, so confirm the amount with the Adair County Court Clerk before filing. |
| Local forms | No local Adair County probate forms, checklist or cover sheet are published. |
| E-filing | Adair County is one of the thirteen Oklahoma e-filing counties. E-filing is not used to open a new probate case, and self-represented filers cannot register. A registered attorney, state agency representative or licensed process server may use e-filing only after a case already exists. |
| Case search | Adair County district court dockets are on OSCN at https://www.oscn.net/dockets/Search.aspx. |
| Remote appearance | Oklahoma allows district court videoconferencing under 20 O.S. § 130 and Rule 34, but the presiding judge decides whether video is allowed for a particular hearing. Ask the Adair County Court Clerk when the hearing is set. |
| Website | https://adaircountycourthouse.com/adair-county-courthouse/court-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Adair County, build a working list of the decedent's assets, debts, real property, beneficiaries, possible creditors and non-probate transfers. That matters because the Court Clerk does not publish a local probate fee total or a local form packet, and the correct estate settlement route depends on what actually needs court authority.
Sunset's asset discovery searches more than 2,300 financial institutions and helps families find accounts, benefits and liabilities before they prepare a filing. Starting with a complete inventory makes it easier to decide whether the Stilwell filing counter is needed and what the petition should ask the district judge to do.
Which court handles jurisdiction
Probate for Adair County is filed with the Adair County Court Clerk at the courthouse in Stilwell, in the District Court of Adair County. The court sits in Oklahoma's Fifteenth Judicial District together with Wagoner, Cherokee, Muskogee and Sequoyah counties, but Adair County filings stay in Adair County.
Oklahoma venue is tied first to the county where the decedent resided at death, regardless of where the death occurred. For a nonresident decedent, the venue sequence looks to the Oklahoma county where the decedent died leaving an estate, then to a county holding part of the estate, then to the county of death if there is no Oklahoma estate (58 O.S. § 5).
The Adair County Court Clerk accepts filings and collects costs. The district judge or assigned associate district judge decides whether to admit a will, appoint a personal representative, issue letters and approve distribution.
The jurisdiction process
- Find the death certificate, the original will if one exists, account information, vehicle titles, deeds, creditor notices and beneficiary designations before choosing a filing route.
- Decide whether a court case is needed. Some personal property may be handled outside court by affidavit, while summary administration and regular probate require a filed case and a hearing.
- Prepare the petition and any required civil cover sheet, then file with the Adair County Court Clerk at 220 West Division Street in Stilwell. Paper filing remains available. E-filing in Adair County is only for eligible registered users after a case already exists.
- Pay the opening costs to the Court Clerk. The statutory probate and guardianship flat fee is $135.00 effective November 1, 2025 under 28 O.S. § 152(A)(3), plus statutory add-ons and any amount the clerk must collect for the filing.
- Set the noticed hearing. The Fifteenth Judicial District docketing order assigns Adair County probate matters to the Associate District Judge, and the general local practice calls for at least ten days' notice to opposing parties unless the judge shortens the time.
- Attend the hearing on admitting the will, if any, and appointing the personal representative. Oklahoma probate uses a real noticed hearing, and the judge decides whether letters testamentary or letters of administration issue.
- After appointment, the personal representative signs any required oath, addresses any bond ordered by the judge, gathers the estate property, prepares the inventory and manages estate settlement tasks.
- Publish and mail the notice to creditors when required. The notice states the presentment date, and a claim not presented by that date is barred forever under 58 O.S. § 333.
- Resolve allowed claims, taxes, expenses, sales or leases if needed, and any objections. A sale or lease request in a probate matter carries a separate $43.00 charge effective November 1, 2025 under 28 O.S. § 152(A)(5).
- File the final account or closing request and petition for distribution, give notice, attend the final hearing and obtain the decree of distribution and discharge.
- If Adair County real property is affected, record the certified decree with the county clerk as the land-records officer after the district court signs it.
Forms and documents
Probate forms in Adair County
Adair County does not publish a local probate petition, checklist, local cover sheet or form packet. The state uses a civil cover sheet for district court cases, but Oklahoma does not provide a fill-in petition set for every probate step.
Because no local Adair County packet is posted, bring the petition, will if any, death certificate information, proposed order, proposed letters and any notice documents your situation requires. Call the Adair County Court Clerk before filing to confirm the current filing method, copies and payment requirements.
Local nuance
Adair County-specific considerations
| Local point | What it means for an Adair County filing |
|---|---|
| Shared judicial district | Adair County shares Oklahoma's Fifteenth Judicial District with Wagoner, Cherokee, Muskogee and Sequoyah counties. File Adair County probate at the Stilwell courthouse, not in a sibling county. |
| OSCN docket system | Adair County district court dockets are on OSCN, not ODCR. Use OSCN for case lookup and call the Court Clerk if a search does not answer a filing question. |
| E-filing county with limits | Adair is on the Oklahoma e-filing list, but the opening probate petition is not submitted electronically. Self-represented filers cannot register to e-file. |
| Judge assignment | The Fifteenth Judicial District docketing order assigns Adair County probate matters to the Associate District Judge. No specific probate docket day is published. |
| Lunch closure | The Court Clerk's public hours include a 12:00 p.m. to 1:00 p.m. lunch closure. Plan filings around that closure. |
Recent updates
| Update | Current rule |
|---|---|
| Summary administration amount changed | Oklahoma summary administration now includes an estate valued at $300,000.00 or less, effective August 12, 2026, under 58 O.S. § 245 and Laws 2026, HB 2650. Section 245 also separately covers a decedent who has been dead more than five years and a decedent who resided in another jurisdiction at death, and those two conditions do not have a dollar limit. |
| Combined-notice amendment | Changes to the publication mechanics in 58 O.S. § 246 take effect November 1, 2026 under Laws 2026, HB 4339. Adair County filings should use the version in effect when the petition is filed. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Adair County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check the deed, beneficiary designations and any transfer-on-death deed. If title does not pass outside probate, file in Stilwell with the Adair County Court Clerk and ask the district judge for the authority needed to transfer or sell the property. | Sunset helps identify accounts, deeds, title clues and beneficiary designations before the family starts estate settlement in court. |
| Out-of-state adult child with a small estate | Some personal property may be handled by affidavit outside court. If a court case is needed, a nonresident decedent can qualify for summary administration under 58 O.S. § 245 without a dollar limit, and a nonresident personal representative must appoint an in-county agent under 58 O.S. § 162. | Sunset helps organize asset information, generate a filing packet and connect the family with Adair County counsel if the child cannot manage the case from Oklahoma. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires letters and a court order. File in the District Court of Adair County, request appointment of a personal representative and expect the separate sale or lease charge of $43.00 effective November 1, 2025 under 28 O.S. § 152(A)(5) if the sale is handled in the probate case. | Sunset helps gather debts, locate accounts, prepare the court packet and coordinate with a local attorney for the sale process. |
Self-help resources
| Resource | How it helps |
|---|---|
| Adair County Court Clerk | Adair County Courthouse, 220 West Division Street, Stilwell, OK 74960. Mail to P.O. Box 426, Stilwell, OK 74960. Call (918) 696-7633 or fax (918) 696-5365. Hours are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., closed for lunch from 12:00 p.m. to 1:00 p.m. Court staff cannot choose your filing route or draft your petition. |
| Legal Aid Services of Oklahoma | The Tahlequah Office serves Adair County from 224 South Muskogee Avenue, Tahlequah, OK 74464, (918) 708-1150. The statewide application line is 1-888-534-5243, with calls answered Monday through Thursday, 9:00 a.m. to 4:00 p.m. Help depends on eligibility and case priorities. |
| Oklahoma Indian Legal Services | Call (405) 943-6457 or, in state, 800-658-1497. This resource is most relevant for restricted land, trust land, wills clinics for elders and mineral-interest issues for tribal members. |
| OSCN case search | Use https://www.oscn.net/dockets/Search.aspx to look up Adair County district court dockets. If the docket does not answer a practical filing question, call the Adair County Court Clerk. |
When to hire an attorney
Consider hiring an Oklahoma probate attorney for an Adair County estate if there is real property, a home sale, restricted or trust land, creditor disputes, unclear heirs, a missing original will, a nonresident personal representative or filings that need to be handled after the case is opened through attorney e-filing. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families locate accounts, insurance, benefits, debts and property clues that shape the Adair County estate settlement plan.
Generate the probate packet. Sunset uses the information you provide to assemble a probate packet tailored to the District Court of Adair County, including the facts needed for the petition, proposed letters and related notices.
Find a local probate attorney. If the estate involves a house, a sale, creditor conflict, restricted land or an out-of-state personal representative, Sunset can connect you with Oklahoma counsel familiar with Adair County filings.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and prepare for the filing counter without paying Sunset for estate settlement support.
Frequently asked questions
Where do I file probate in Adair County?
File with the Adair County Court Clerk at the courthouse, 220 West Division Street, Stilwell, OK 74960. Adair County is in Oklahoma's Fifteenth Judicial District, but the filing stays in Stilwell.
Can I use e-filing to open an Adair County probate case?
No. Adair County is one of Oklahoma's thirteen e-filing counties, but the opening petition is not submitted electronically. Self-represented filers cannot register to e-file. A registered attorney, state agency representative or licensed process server may use e-filing only after the case already exists.
Will there be a hearing in an Adair County probate case?
Yes. Oklahoma probate requires noticed hearings for appointment, summary administration and final distribution. The Fifteenth Judicial District docketing order assigns Adair County probate matters to the Associate District Judge.
Can I appear by video for an Adair County hearing?
Maybe. Oklahoma authorizes district court videoconferencing under 20 O.S. § 130 and Rule 34, but the presiding judge decides whether video is allowed for a particular hearing. Ask the Adair County Court Clerk when the matter is set.
How do I look up an Adair County probate case?
Use OSCN docket search at https://www.oscn.net/dockets/Search.aspx. Adair County dockets are not on ODCR.
Does Adair County publish local probate forms?
No local Adair County probate petition, checklist or local cover sheet is published. Call the Adair County Court Clerk before filing to confirm copies, payment and current filing requirements.
What does it cost to file probate in Adair County?
The statutory probate and guardianship flat fee is $135.00 effective November 1, 2025 under 28 O.S. § 152(A)(3), plus statutory add-ons. Adair County does not publish a local probate total, so confirm the amount with the Court Clerk before filing.
Do I have to travel to Stilwell?
The opening petition is filed with the Adair County Court Clerk in Stilwell. If you live outside Oklahoma, ask the clerk and your attorney about signing logistics, hearing settings and whether the judge will consider a video request under Rule 34.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.