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McIntosh County, OK Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | District Court of McIntosh County |
| Courthouse address | McIntosh County Courthouse, 110 North First Street, Eufaula, OK 74432 |
| Mailing address | P.O. Box 426, Eufaula, OK 74432 |
| Phone | (918) 689-2282 |
| Fax | (918) 689-2995, according to ODCR. An older listing shows a different fax, so call before faxing probate papers. |
| [email protected] | |
| Hours | Weekdays, 8:00 a.m. to 4:00 p.m. No lunch closure or filing cutoff is published. |
| Filing fee | $135.00 flat fee effective November 1, 2025 (28 O.S. § 152(A)(3)), plus statutory add-ons. McIntosh County does not post a local probate total, so confirm the current total with the Court Clerk before filing. |
| Local forms | No McIntosh County probate form, checklist or cover sheet is published. The Eighteenth Judicial District local rules do not add a probate form requirement. |
| E-filing | McIntosh County is not one of Oklahoma's thirteen e-filing counties. A new probate case is filed on paper at the counter or by mail. |
| Case search | McIntosh County dockets are on ODCR. Online coverage begins February 1, 1996. Docket searching is free, and scanned document images require a paid subscription. |
| Remote appearance | Oklahoma allows videoconferencing in district courts, but the presiding judge decides under Rule 34. Ask the McIntosh County Court Clerk when the hearing is set. |
| Website | mcintosh.okcounties.org |
Before you begin — know the assets and liabilities
Before you choose a filing route in McIntosh County, make a working list of the decedent's assets, debts, accounts, real property, vehicles, beneficiary designations and any transfer-on-death deed. That inventory drives the estate settlement plan because some assets may pass outside probate while others require court authority.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and benefits before they file. Having that information early can prevent duplicate trips to the Eufaula courthouse and helps the personal representative ask for the right authority from the District Court of McIntosh County.
Which court handles jurisdiction
Probate for McIntosh County is filed with the McIntosh County Court Clerk at the McIntosh County Courthouse, 110 North First Street, Eufaula, OK 74432. The case is heard in the District Court of McIntosh County, which sits in Oklahoma's Eighteenth Judicial District together with Pittsburg County.
Oklahoma venue is tied to the county, not to the shared judicial district. If the decedent was an Oklahoma resident, the case belongs in the district court of the county where the decedent resided at death. For a nonresident decedent, Oklahoma uses the order stated in 58 O.S. § 5(2). Sharing a district with Pittsburg County does not move a McIntosh County filing to McAlester.
The jurisdiction process
- Gather the death certificate, the original will if one exists, asset information, creditor information and names and addresses for heirs and beneficiaries before starting the McIntosh County estate settlement.
- Decide which Oklahoma route fits before filing. A small estate affidavit under 58 O.S. § 393 is presented outside court when it applies. Summary administration and regular probate are filed in the District Court of McIntosh County, and dispensing with regular proceedings under 58 O.S. § 241 can become available after an inventory in a qualifying regular case.
- Prepare the petition and supporting papers. If there is a will, the petition asks the district judge to admit the will and appoint the executor. If there is no will, the petition asks for an administrator.
- File the papers on paper with the McIntosh County Court Clerk at 110 North First Street in Eufaula, or mail the filing to P.O. Box 426, Eufaula, OK 74432. A new probate case is not opened electronically in McIntosh County.
- Pay the filing fee and statutory costs to the McIntosh County Court Clerk. The probate flat fee is $135.00 effective November 1, 2025 (28 O.S. § 152(A)(3)), plus statutory add-ons. Confirm the current total before mailing a check.
- Obtain a hearing date and give the notices required for the petition. Oklahoma probate uses noticed hearings, and the district judge, not the court clerk, decides whether to admit a will and appoint a personal representative.
- After appointment, the personal representative receives letters testamentary, letters of administration or letters of administration with will annexed, as applicable. The court may also require an oath and any bond ordered in the case.
- Prepare the inventory and appraisement, manage estate property, and handle claims. The personal representative publishes and mails notice to creditors with a presentment date, and a claim not presented by that date is barred forever (58 O.S. § 333).
- If estate property must be sold during probate, request authority from the District Court of McIntosh County. A sale or lease proceeding in probate carries a $43.00 charge effective November 1, 2025 (28 O.S. § 152(A)(5)).
- File the final account, petition for distribution and discharge, give required notice, and attend the final hearing. After the decree of distribution and discharge is entered, record any decree affecting McIntosh County land with the county clerk land records office, and record it in any other Oklahoma county where estate land is located (58 O.S. § 711).
Forms and documents
Probate forms in McIntosh County
McIntosh County does not publish a local probate petition, checklist or probate cover sheet. The county's forms page has no uploaded form content, and the Eighteenth Judicial District local rules do not add a probate form requirement.
The Eighteenth Judicial District local rules apply to Pittsburg and McIntosh Counties and include some civil filing requirements, but the cover-sheet rule applies to CJ and CS case types, not probate case types. For probate filings, prepare the papers required by Oklahoma law and call the McIntosh County Court Clerk if you need to confirm local filing logistics.
Local nuance
McIntosh County-specific considerations
| Local point | What it means for a McIntosh County filing |
|---|---|
| Shared judicial district | McIntosh County shares Oklahoma's Eighteenth Judicial District with Pittsburg County, but probate papers for a McIntosh County decedent are filed with the McIntosh County Court Clerk in Eufaula. |
| Local rules | The Eighteenth Judicial District local rules were amended March 15, 2024. They do not add a McIntosh County probate form, probate checklist or probate cover sheet. |
| ODCR records | McIntosh County dockets are searched through ODCR, with online coverage beginning February 1, 1996. Older files may require a courthouse request. |
| No e-filing county | McIntosh County is not on the Oklahoma e-filing county list. File a new probate case on paper at the counter or by mail. |
| Office email | The McIntosh County Court Clerk publishes an office-level email address, [email protected], which can help with filing logistics. Court staff do not choose the legal route for you. |
Recent updates
| Change | What changed |
|---|---|
| Summary administration ceiling | The summary administration dollar ceiling in 58 O.S. § 245 is $300,000, effective August 12, 2026, under Laws 2026, HB 2650. |
| Combined notice amendment | A change to the combined-notice publication mechanics in 58 O.S. § 246 takes effect November 1, 2026, under Laws 2026, HB 4339. |
Scenarios
| Scenario | Likely McIntosh County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check how the home is titled and whether a transfer-on-death deed or beneficiary designation exists. Joint tenancy or a valid transfer-on-death deed may avoid a full probate for that asset, but any asset in the decedent's name alone may still require filing in Eufaula. | Sunset helps identify accounts, deeds, beneficiary assets and debts so the spouse can see what actually needs court authority. |
| Out-of-state adult child with a small estate | Start by checking whether the Oklahoma small estate affidavit under 58 O.S. § 393 fits and whether there is any McIntosh County real property that needs a court order. If court is needed, a nonresident decedent may qualify for summary administration under 58 O.S. § 245. | Sunset organizes the asset list, flags missing institutions and helps generate the probate packet for the McIntosh County Court Clerk. |
| Parent settling predeceased child's estate, home must be sold | If the child owned a McIntosh County home in the child's name alone, the parent will usually need letters from the District Court of McIntosh County before sale authority and distribution. A probate sale or lease proceeding carries a $43.00 charge effective November 1, 2025 (28 O.S. § 152(A)(5)). | Sunset helps prepare the estate settlement file, identify title issues and connect the family with a local probate attorney when a sale must be approved. |
Self-help resources
| Resource | How it helps |
|---|---|
| McIntosh County Court Clerk | McIntosh County Courthouse, 110 North First Street, Eufaula, OK 74432. Mail: P.O. Box 426, Eufaula, OK 74432. Phone: (918) 689-2282. Email: [email protected]. Hours are weekdays, 8:00 a.m. to 4:00 p.m. Court staff can accept filings and answer filing-logistics questions, but they do not give legal advice. |
| Legal Aid Services of Oklahoma | The Tahlequah office serves McIntosh County: 224 South Muskogee Avenue, Tahlequah, OK 74464, (918) 708-1150. Statewide application line: 1-888-534-5243, available Monday through Thursday, 9:00 a.m. to 4:00 p.m. Help is subject to eligibility and case-type priorities. |
| Oklahoma Indian Legal Services | (405) 943-6457 or, in state, 800-658-1497. Use this resource for restricted land, trust land, wills clinics and mineral-interest issues for tribal members. |
| ODCR case search | www1.odcr.com holds McIntosh County district court dockets. Searching docket entries is free. Online coverage begins February 1, 1996, and scanned documents require a paid subscription. |
When to hire an attorney
Counsel makes sense in McIntosh County when the estate includes real property, mineral interests, a contested will, creditor disputes, a nonresident personal representative, restricted or trust land, or a sale that needs court approval. 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 build a practical inventory for estate settlement before filing in McIntosh County.
Generate the probate packet. Sunset turns the family information, asset list and filing route into an organized packet for review and filing with the McIntosh County Court Clerk.
Find a local probate attorney. When a McIntosh County estate needs legal judgment, real property sale authority or help with objections, Sunset can connect the family with a vetted Oklahoma probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps and decide when attorney help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in McIntosh County?
File with the McIntosh County Court Clerk at the McIntosh County Courthouse, 110 North First Street, Eufaula, OK 74432. Mail filings to P.O. Box 426, Eufaula, OK 74432.
Does sharing the Eighteenth Judicial District mean I file in Pittsburg County?
No. McIntosh County shares Oklahoma's Eighteenth Judicial District with Pittsburg County, but a McIntosh County probate is filed with the McIntosh County Court Clerk in Eufaula.
Can I e-file a McIntosh County probate case?
No. McIntosh County is not one of Oklahoma's thirteen e-filing counties, and a new probate case is filed on paper. Bring the filing to the counter or mail it to the Court Clerk.
What is the McIntosh County probate filing fee?
The probate flat fee is $135.00 effective November 1, 2025 (28 O.S. § 152(A)(3)), plus statutory add-ons. McIntosh County does not post a local probate total, so call the Court Clerk before filing or mailing payment.
Are there McIntosh County probate forms?
McIntosh County does not publish a local probate petition, checklist or probate cover sheet. The Eighteenth Judicial District local rules do not add a probate form requirement.
How do I look up a McIntosh County probate case?
Use ODCR at www1.odcr.com for McIntosh County district court dockets. Online coverage begins February 1, 1996. Docket searching is free, and scanned document images require a paid subscription.
Can I appear remotely for a McIntosh County probate hearing?
Oklahoma authorizes videoconferencing in district court proceedings, but the presiding judge decides under Rule 34. Ask the McIntosh County Court Clerk about the judge's procedure when your hearing is set.
Will there be a hearing in a McIntosh County probate?
Yes. Oklahoma probate uses noticed hearings. The district judge decides whether to admit a will, appoint a personal representative and approve final distribution.
Do I have to travel to Eufaula if I live out of state?
You may be able to mail the filing or work through an Oklahoma attorney, but hearings and judge-specific procedures must be handled with the court. If you want remote participation, ask about the Rule 34 procedure when the hearing is scheduled.
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.