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Latimer County, OK Probate Information
Quick facts
| Topic | Latimer County information |
|---|---|
| Court | District Court of Latimer County |
| Filing office | Latimer County Court Clerk |
| Courthouse address | Latimer County Courthouse, 109 N. Central, Room 200, Wilburton, OK 74578 |
| Mailing address | Use the courthouse address. No separate post office box is listed for the Latimer County Court Clerk. |
| Phone | (918) 465-2011 |
| Fax | (918) 465-3328 |
| Hours | Published counter hours are 8:00 a.m. to 4:30 p.m., open at noon. Call before traveling if you need same-day filing. |
| Filing fee | Probate and guardianship flat fee: $135.00, unchanged in the court-clerk fee schedule last amended effective November 1, 2025 (28 O.S. § 152(A)(3)). Other statutory costs may apply. Confirm the total with the Latimer County Court Clerk before filing. |
| Local forms | No Latimer County local probate forms, cover sheet or checklist are posted. Oklahoma uses a civil cover sheet with probate case-type codes, but there is no county-published petition packet. |
| E-filing | Latimer County is not in Oklahoma's e-filing program. File a new probate case on paper at the counter or by mail. |
| Case search | ODCR, On Demand Court Records, holds Latimer County district court dockets. ODCR lists Latimer County records starting November 16, 1998. |
| Remote appearance | Oklahoma authorizes videoconferencing in district courts, but the presiding judge decides under Rule 34. Ask the Court Clerk when the hearing is set. |
| Website | latimer.okcounties.org/offices/court-clerk |
Before you begin — know the assets and liabilities
Before you choose a probate path in Latimer County, list the assets, debts, title documents, beneficiary designations and any will. A co-owned account, a beneficiary designation or a transfer-on-death deed may change what needs to be filed in Wilburton.
Sunset's 2,300-institution asset discovery helps families find accounts before they pay a filing fee or ask for letters. That early inventory makes the estate settlement more accurate and helps decide whether the case belongs at the Court Clerk counter, with a bank by affidavit, or with an attorney.
Which court handles jurisdiction
Probate for Latimer County is filed with the Latimer County Court Clerk at the Latimer County Courthouse, 109 N. Central, Room 200, Wilburton, OK 74578. Latimer County is in Oklahoma's Sixteenth Judicial District with Le Flore and Haskell counties, but the filing stays in Latimer County.
Oklahoma venue is based first on the county where an Oklahoma resident decedent lived at death. For a nonresident decedent, the statute gives a sequence based on where the decedent died and where Oklahoma property is located (58 O.S. § 5). A Latimer County resident's estate is filed in Wilburton even though the judicial district is shared.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debts and names and addresses for heirs and beneficiaries.
- Decide which Oklahoma route fits before filing. Some personal property may be collected by small estate affidavit under 58 O.S. § 393 without opening a district court case. Other estates may need summary administration under 58 O.S. §§ 245 through 247 or regular probate, with a possible request to dispense with parts of regular proceedings under 58 O.S. § 241 after the inventory.
- Prepare the petition, civil cover sheet and any proposed orders or notices required for the chosen route. Latimer County does not post a local probate packet, so confirm copy and formatting requirements with the Court Clerk.
- File the papers on paper with the Latimer County Court Clerk at 109 N. Central, Room 200, Wilburton, or mail them to that address. Latimer County is not in Oklahoma's e-filing program, and no Oklahoma county can open a new probate case electronically.
- Pay the opening fee and statutory costs. The probate and guardianship flat fee is $135.00, unchanged in the fee schedule last amended effective November 1, 2025 (28 O.S. § 152(A)(3)); confirm the total collected before filing.
- The district judge sets a noticed hearing. Under the Sixteenth Judicial District's local rules, Latimer County cases are ordinarily assigned to Latimer County's own associate district judge at the Wilburton courthouse.
- Give required notice to heirs, beneficiaries, creditors and other interested persons. Oklahoma creditor notices state a presentment date, and a claim not presented by that date is barred forever (58 O.S. §§ 331, 333).
- If the court appoints a personal representative, the court issues letters testamentary or letters of administration. The personal representative then handles estate settlement tasks such as inventory, creditor claims, property management and any sale authority the court requires.
- If remote testimony or a remote appearance is needed, ask before the hearing. Oklahoma allows videoconferencing, but the judge has discretion under Rule 34, and remote testimony has advance notice requirements.
- When administration is ready to close, file the final account or final petition, give required notice, attend the final hearing and obtain the decree of distribution and discharge. If the decree affects land, record it with the county clerk in each county where the land is located (58 O.S. § 711).
Forms and documents
Probate forms in Latimer County
Latimer County does not post local probate forms, a local probate cover sheet or a local probate checklist. The county Court Clerk page describes probate filings as part of the district court filing office's work, but it does not provide a fill-in petition packet.
Plan to prepare a petition that satisfies Oklahoma law, use the Oklahoma civil cover sheet with the correct probate case-type code, and call the Latimer County Court Clerk at (918) 465-2011 before filing to confirm copies, signatures, proposed orders and payment method.
Local nuance
Latimer County-specific considerations
| Local point | What it means in Latimer County |
|---|---|
| Shared judicial district | Latimer County shares Oklahoma's Sixteenth Judicial District with Le Flore and Haskell counties. That does not move a Latimer County filing to Poteau or Stigler. |
| Judge assignment | The Sixteenth Judicial District local rules assign Latimer County cases, except matters reassigned by a district judge, to Latimer County's own associate district judge. |
| Redaction rule | The same local rules exempt probate filings from the district's general personal-identifier redaction requirement. Do not treat that exemption as permission to include unnecessary private information. |
Recent updates
| Change | What changed |
|---|---|
| Summary administration | The summary administration ceiling is $300,000 effective August 12, 2026 (58 O.S. § 245; Laws 2026, HB 2650). |
| Combined notice publication | A change to 58 O.S. § 246 takes effect November 1, 2026 under Laws 2026, HB 4339. |
Scenarios
| Scenario | Likely Latimer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking the deed and any beneficiary designations. Joint tenancy or a transfer-on-death deed may reduce what needs to be filed in Wilburton, while solely owned property may require a district court case. | Sunset helps identify accounts, title clues and non-probate transfers before the spouse pays for a filing. |
| Out-of-state adult child with a small estate | Some personal property may be handled by affidavit under 58 O.S. § 393 without opening a Latimer County case. If a district court case is needed, Latimer County accepts paper filing at the courthouse or by mail, not e-filing. | Sunset organizes the asset list, helps prepare the probate packet when filing is needed, and helps the family decide when local counsel should appear. |
| Parent settling predeceased child's estate, home must be sold | A sale of a Latimer County home usually requires letters for a personal representative and court authority if the sale occurs inside the probate. The final decree affecting the home is recorded with the land records officer after the court signs it. | Sunset helps build the estate settlement inventory, generate documents for attorney review, and connect the parent with a Latimer County probate attorney. |
Self-help resources
| Resource | How it helps |
|---|---|
| Latimer County Court Clerk | Latimer County Courthouse, 109 N. Central, Room 200, Wilburton, OK 74578. Phone: (918) 465-2011. Fax: (918) 465-3328. The office accepts filings and collects fees, but it cannot choose a probate route or draft a petition for you. |
| Legal Aid Services of Oklahoma, Poteau office | 224 Dewey Avenue, Poteau, OK 74953. Phone: 918-647-8136 or 800-299-8136. The Poteau office lists service for Haskell, Latimer and Le Flore counties. Statewide application line: 1-888-534-5243. Help depends on eligibility and case priorities. |
| Oklahoma Indian Legal Services | Phone: (405) 943-6457 or, in Oklahoma, 800-658-1497. OILS focuses on restricted and trust land, wills clinics and mineral-interest issues. It is not a general substitute for a Latimer County probate attorney. |
| ODCR case search | ODCR holds Latimer County district court dockets, with records starting November 16, 1998. Docket searching is free; document access may require a paid account. |
When to hire an attorney
Consider a probate attorney if the will may be contested, a home or mineral interest must be sold, creditor claims are disputed, heirs disagree, the estate has restricted or trust land issues, or you live out of state and need someone to appear in Wilburton. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions so families can start estate settlement with a clearer picture of accounts, debts and property.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for Latimer County review, attorney review or filing preparation.
Find a local probate attorney. When the estate needs court appearances, sale authority, creditor work or local judgment, Sunset helps connect you with a vetted Oklahoma probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide when professional help is worth it.
Frequently asked questions
Where do I file probate in Latimer County?
File with the Latimer County Court Clerk at the Latimer County Courthouse, 109 N. Central, Room 200, Wilburton, OK 74578. The case is in the District Court of Latimer County.
Does Latimer County accept e-filing for probate?
No. Latimer County is not one of Oklahoma's e-filing counties. A new probate case is filed on paper at the counter or by mail.
Is my Latimer County case heard in Le Flore County because the district is shared?
No. Latimer County shares the Sixteenth Judicial District with Le Flore and Haskell counties, but Latimer County probate is filed and ordinarily heard in Wilburton.
Who hears Latimer County probate matters?
The Sixteenth Judicial District local rules ordinarily assign Latimer County cases to Latimer County's own associate district judge, unless a district judge assigns a matter differently.
Can I appear remotely for a Latimer County probate hearing?
Possibly, but not automatically. Oklahoma authorizes videoconferencing in district courts, and Rule 34 gives the presiding judge discretion. Ask the Court Clerk about the judge's procedure when the hearing is set.
How do I look up a Latimer County probate case?
Use ODCR, On Demand Court Records. ODCR lists Latimer County district court records starting November 16, 1998. Docket viewing is available through ODCR, and document access may require a paid account.
Does Latimer County publish local probate forms?
No local probate petition packet, local probate cover sheet or local probate checklist is posted for Latimer County. Call the Court Clerk before filing to confirm copies, signatures and payment method.
What is the Latimer County probate filing fee?
The probate and guardianship flat fee is $135.00, unchanged in the court-clerk fee schedule last amended effective November 1, 2025 (28 O.S. § 152(A)(3)). Other statutory costs may apply, so confirm the current total with the Latimer County Court Clerk.
Do I have to travel to Wilburton to start the case?
Not always. Latimer County accepts paper filings by mail, but hearings may still require appearance unless the judge allows a remote procedure under Rule 34. Ask before mailing time-sensitive papers.
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.