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Love County, OK Probate Information
Quick facts
| Item | Love County detail |
|---|---|
| Court | District Court of Love County |
| Filing office | Love County Court Clerk |
| Courthouse address | 405 West Main, Suite 201, Marietta, OK 73448 |
| Mailing address | Use the courthouse street address. No separate mailing address is published for the Love County Court Clerk. |
| Phone | (580) 276-2235 |
| Fax | (580) 276-9442 |
| Hours | 8:00 a.m. to 4:30 p.m. No lunch closure or filing cutoff is published. Call before going to the courthouse. |
| Filing fee | Current probate and guardianship flat fee: $135.00 under 28 O.S. § 152(A)(3), unchanged by the fee schedule amendment effective November 1, 2025. Current statutory add-ons include $7.00 under 12 O.S. § 1809(A). Call the Love County Court Clerk to confirm the total collected. |
| Local forms | No Love County local probate petition, cover sheet or checklist is published. Oklahoma uses a civil cover sheet for district court filings, effective November 1, 2017, but does not provide a full petition packet for probate. |
| E-filing | Love County is not one of Oklahoma's e-filing counties. File a new probate case on paper at the counter or by mail. No Oklahoma county can open a new probate case electronically. |
| Case search | Love County dockets are on ODCR, with dockets starting December 22, 1997. Searching and viewing docket entries is free. Scanned document access requires a paid ODCR subscription. |
| Remote appearance | Oklahoma allows videoconferencing in district courts, but the presiding judge decides under Rule 34. Ask the Love County Court Clerk about the judge's procedure when the hearing is set. |
| Website | love.okcounties.org/offices/court-clerk |
Before you begin — know the assets and liabilities
Before filing in Love County, make a working list of the decedent's assets, debts, beneficiaries, named executor if there is a will, and any real property that will need to be sold or distributed. The filing path depends on what must pass through court, what can pass outside probate, and whether the family needs letters testamentary or letters of administration.
Sunset's estate settlement tools can help identify accounts before you choose the filing path. Sunset's 2,300-institution asset discovery can search for financial accounts, insurance and other assets that families often miss before they prepare a petition for the Love County Court Clerk.
Which court handles jurisdiction
Probate for Love County is filed with the Love County Court Clerk at the courthouse in Marietta, in the District Court of Love County. Love County is part of Oklahoma's Twentieth Judicial District together with Carter, Murray, Johnston and Marshall counties, but Love County filings stay in Marietta.
Oklahoma venue is county based. If the decedent died as an Oklahoma resident, the case belongs in the district court of the county where the decedent resided at death, regardless of where death occurred. If the decedent was not an Oklahoma resident, venue follows the sequence for nonresident estates in 58 O.S. § 5.
The Love County Court Clerk accepts filings and collects fees. The district judge decides petitions, admits wills, appoints a personal representative, issues orders, and approves the final decree.
The jurisdiction process
- Gather the death certificate, the original will if one exists, a list of heirs and devisees, and a first inventory of assets and liabilities.
- Decide whether the estate can use an Oklahoma no-court affidavit under 58 O.S. § 393, summary administration under 58 O.S. §§ 245 through 247, regular probate, or regular probate with the dispensing procedure under 58 O.S. § 241 if the inventory later qualifies.
- Prepare the petition, the civil cover sheet, the proposed order setting hearing, and any notices required for the chosen route.
- File the petition on paper with the Love County Court Clerk at 405 West Main, Suite 201, Marietta, OK 73448, or mail the filing to that address. Love County does not accept e-filing for new probate cases.
- Pay the filing fee and statutory costs. The current probate and guardianship flat fee is $135.00 under 28 O.S. § 152(A)(3), unchanged by the fee schedule amendment effective November 1, 2025, and current statutory add-ons include $7.00 under 12 O.S. § 1809(A). Confirm the total with the Love County Court Clerk before filing.
- Give notice of the hearing as Oklahoma probate law requires. A district judge, not the court clerk, decides whether to admit a will, appoint a personal representative, and issue letters testamentary or letters of administration.
- Attend the hearing in the District Court of Love County. If anyone needs to appear by videoconferencing or present testimony remotely, ask early because Rule 34 leaves that decision to the presiding judge and sets notice rules for remote testimony.
- After appointment, complete the oath and any bond ordered by the judge. The personal representative then receives letters and can collect assets, manage estate property, and handle claims.
- Publish and mail the notice to creditors. The notice states a presentment date, and claims not presented by that date are barred forever under 58 O.S. § 333.
- Administer the estate, resolve claims, sell property if the judge authorizes a sale, prepare the final account or request for distribution, and file the closing papers.
- Attend the final hearing. If the judge approves distribution, the court enters the decree of distribution and discharge.
- Record any decree affecting real property with the county clerk in each Oklahoma county where the land is located, including the Love County Clerk if the land is in Love County.
Executor duties
The Twentieth Judicial District has a local probate rule for requests to pay a personal representative's attorney before the estate closes. The request must be personally signed by the personal representative, cover only services already performed, not hinder timely closing, not prejudice estate solvency, and be necessary for orderly administration.
The same local rules allow the Chief Judge, in the judge's discretion, to place an inactive probate case on an August disposition docket after notice. A personal representative who receives that notice should act promptly or ask counsel to file the required response.
Forms and documents
Probate forms in Love County
The Love County Court Clerk does not publish a local probate petition, local probate cover sheet or local probate checklist. The county's Court Clerk page describes the office's filing and records duties but does not provide a downloadable probate packet.
Oklahoma district court filings use a civil cover sheet, effective November 1, 2017, with case-type codes that include probate matters. That cover sheet is not a petition, and families still need pleadings that fit the estate, the will, the heirs, and the requested appointment.
The Twentieth Judicial District local rules are not forms. They do matter in Love County because Rule 3.1 governs interim attorney-fee requests in probate, and Rule 1.9 allows inactive probate cases to be placed on a disposition docket in the court's discretion.
Local nuance
Love County-specific considerations
| Local point | What it means in Love County |
|---|---|
| Shared judicial district | Love County shares Oklahoma's Twentieth Judicial District with Carter, Murray, Johnston and Marshall counties, but a Love County probate filing goes to the Love County Court Clerk in Marietta. |
| Interim attorney fees | Twentieth Judicial District Rule 3.1 limits requests to pay a personal representative's attorney before the estate closes. The personal representative must personally sign the request, and the payment must cover work already done, not delay closing, not harm solvency, and be necessary for orderly administration. |
| Inactive cases | Twentieth Judicial District Rule 1.9 allows the Chief Judge to include probate cases on an August disposition docket in the court's discretion, with notice before dismissal. |
| Dockets | Love County dockets are on ODCR rather than OSCN. ODCR lists Love County dockets beginning December 22, 1997. |
Recent updates
| Change | What changed |
|---|---|
| Summary administration ceiling | Oklahoma's summary administration value ceiling is $300,000, effective August 12, 2026, under 58 O.S. § 245 as amended by Laws 2026, HB 2650. |
| Combined notice publication rule | Changes to 58 O.S. § 246 take effect November 1, 2026, under Laws 2026, HB 4339. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Love County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check whether the home passed outside probate by joint tenancy, beneficiary designation, or a transfer-on-death deed. If a court order is still needed for Love County real property, file in Marietta with the Love County Court Clerk. | Sunset helps identify title clues, accounts, debts, and beneficiary assets before the spouse spends money on a court filing. |
| Out-of-state adult child with a small estate | Start by checking whether a no-court affidavit under 58 O.S. § 393 can collect the property. If a court case is needed, file on paper in Love County. A nonresident personal representative can serve if Oklahoma law's in-county agent requirement is met under 58 O.S. § 162. | Sunset can organize the asset list, generate a filing packet, and connect the child with Oklahoma counsel if a court case or in-county agent issue arises. |
| Parent settling a predeceased child's estate, home must be sold | A sale usually requires letters and a judge's order in the District Court of Love County. If property is sold in probate, the court clerk collects the current $43.00 charge under 28 O.S. § 152(A)(5), unchanged by the fee schedule amendment effective November 1, 2025. | Sunset helps build the inventory, prepare the estate settlement packet, and find a vetted attorney for the sale and closing steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Love County Court Clerk | Accepts probate filings, collects the filing fee, issues file-stamped copies, and provides case access at the courthouse. The office does not provide legal advice or choose the probate route for you. | 405 West Main, Suite 201, Marietta, OK 73448. Phone: (580) 276-2235. Fax: (580) 276-9442. |
| Legal Aid Services of Oklahoma, Ardmore office | Free civil legal help for low-income Oklahomans, subject to eligibility and case-type priorities. The Ardmore office lists Love County in its service area. | 14 E Street Southwest, Ardmore, OK 73401. Phone: 580-226-4863 or 800-421-8007. Statewide application line: 1-888-534-5243. |
| Oklahoma Indian Legal Services | Helps with restricted and trust land, wills clinics, and mineral-interest issues for eligible Native families. It is not a general probate provider. | (405) 943-6457 or, in Oklahoma, 800-658-1497. |
| ODCR | Search Love County district court dockets. Docket searching is free, while scanned document access requires a paid ODCR subscription. | www1.odcr.com |
When to hire an attorney
Consider a probate attorney when the estate includes real property, mineral interests, a dispute among heirs, creditor claims, a missing will, a nonresident personal representative, or a sale that needs court approval. Counsel also helps with Love County's local rules for interim attorney-fee requests and inactive probate cases. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families find bank accounts, investments, insurance, retirement accounts and other assets that may affect the Love County filing path.
Generate the probate packet. Sunset turns the family intake into organized estate settlement documents, including the asset inventory and petition information a Love County attorney or filer can use.
Find a local probate attorney. When a Love County case needs counsel, Sunset connects families with a vetted Oklahoma probate attorney who can file in the District Court of Love County and handle hearings, sales and creditor issues.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps, and get matched with help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Love County?
File with the Love County Court Clerk at 405 West Main, Suite 201, Marietta, OK 73448. The case is in the District Court of Love County, even though Love County shares Oklahoma's Twentieth Judicial District with Carter, Murray, Johnston and Marshall counties.
Can I e-file a Love County probate case?
No. Love County is not one of Oklahoma's e-filing counties, and no Oklahoma county can open a new probate case electronically. File on paper at the counter or by mail with the Love County Court Clerk.
What does it cost to open probate in Love County?
The current probate and guardianship flat fee is $135.00 under 28 O.S. § 152(A)(3), unchanged by the fee schedule amendment effective November 1, 2025. Current statutory add-ons include $7.00 under 12 O.S. § 1809(A). Call (580) 276-2235 to confirm the total collected in Love County before filing.
Does Love County publish local probate forms?
No local probate petition, cover sheet or checklist is published for Love County. Oklahoma district court filings use a civil cover sheet, effective November 1, 2017, but families still need case-specific probate pleadings.
How do I look up a Love County probate docket?
Use ODCR at www1.odcr.com. Love County dockets on ODCR begin December 22, 1997. Docket searching is free, while scanned document access requires a paid ODCR subscription.
Can I appear remotely for a Love County probate hearing?
Possibly, but it is not automatic. Oklahoma authorizes videoconferencing in district courts, and Rule 34 gives the presiding judge discretion. If you want to present testimony remotely, Rule 34 sets a 30-day notice rule unless the judge shortens the time.
Will there be a hearing in a Love County probate case?
Yes. Oklahoma probate routes involve noticed hearings before a district judge. The Love County Court Clerk can tell you how a hearing is scheduled after the petition is filed, but the judge decides the petition.
Do I have to travel to Marietta if I live out of state?
You can mail a paper filing to the Love County Court Clerk, but hearings are set by the court. Ask the clerk about the judge's procedure for your hearing, and ask counsel whether a request under Rule 34 makes sense.
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.