Executor Duties in Oklahoma: What You Need to Know

Perhaps someone has named you an executor in their will. Or maybe you’re writing a will, and you are thinking about whom to name as executor. Or perhaps a court has appointed you executor of someone’s estate. Or maybe you are in the process of petitioning a court to appoint you the executor of an estate. Or maybe you are the heir of an estate, and someone else is the executor, and you wonder what the executor is supposed to do.

If any of those conditions apply, I’ve written this blog post for you. 

How does someone become an executor?

Sometimes, when a person dies, it is necessary to go through probate in order to distribute the deceased person’s assets. Probate is the process where a person petitions a court to distribute the assets of a deceased person. Probate is not necessary in all cases; only in some cases. To find out which cases require probate, read my blog post here.

In a probate case, the court must appoint a “personal representative” to manage the property of the estate. If the deceased person had a will, the personal representative is called the “executor.” (Generally, when someone makes a will, the person will name an executor in the will.) If the deceased person had no will, the personal representative is called the “administrator.”

In either case (whether the court appoints an executor or administrator) the personal representative’s duties, powers, and rights are generally the same. However, in some cases, the person who drafted the will makes special provisions for what the executor may or must do.

What does a personal representative do?

File an inventory

Under the law, the personal representative must file an inventory of the estate, listing all the property and its value.

Pay the decedent’s debts

The personal representative must pay the decedent’s debts in the following order:

1.    Funeral expenses

2.    Expenses of the decedent’s last illness

3.    Any money the family needs for their support

4.    Taxes

5.    Any debts to which federal or state law gives “preference”

6.    Judgments that a court rendered against the deceased person in his lifetime

7.    Demands that a creditor presents to you, and that you approve

8.    All other demands

9.    Interest that accrues because the government extended the time necessary to pay the decedent’s taxes.

I’ll want to discuss, in more detail, item # 7, above. After the court appoints you personal representative, you must mail notice to all the decedent’s creditors of whom you are aware. If you don’t know of any creditors, you must file an affidavit in court saying you don’t know of any creditors. Whether you know of any creditors or not, you must publish notice to creditors in a newspaper in the county in which the probate is filed.

If a creditor receives notice by mail, the creditor has two months to send you a claim. If a creditor does not receive notice by mail, the creditor has two months after the first newspaper publication to send you a claim.

If a creditor sends you a claim, you may either pay the claim, or deny the claim. If you deny the claim, the creditor may file suit in court, and then the judge will decide whether you must pay the claim.

You do not have to pay any debts out of your own funds; you may pay out of the estate’s funds.

Selling property of the estate

As personal representative, you may also sell the property of the estate. If all heirs consent, you may conduct a “Section 239 sale” in which you may sell the property without further approval by the court. If all heirs do not consent, you may sell the property, but a court must “confirm” the sale before you actually convey away the property. If confirmation of the sale is necessary, then the court must hold a hearing on the confirmation, and give each heir notice of the hearing, and an opportunity to object to the sale.

If you sell the estate property, you must place any money you get into the estate’s property, and you must distribute this money to the heirs when the time for distribution comes.

The personal representative “stands in the shoes” of the decedent

The personal representative stands in the shoes of the decedent, and may take action in the decedent’s name. For example, the personal representative may open a bank account in the name of the estate. Also, if the decedent was a party to any lawsuit at the time of his death, the personal representative may substitute himself as the party to that case, and litigate the case in the decedent’s name. Also, if the decedent, at the time of his death, had the right to file a lawsuit, but did not file it, the personal representative may file the suit. (For example, if the decedent was killed in a car wreck, the personal representative may sue the driver who caused the decedent’s death.)

Because the personal representative “stands in the shoes” of the decedent, you may in some cases want the court to appoint someone with special professional expertise as personal representative. If the decedent had difficult financial issues that remained unresolved at the time of his death, you may want to ask the court to appoint an accountant as personal representative. If the decedent was, or could be, a party to a lawsuit, you may want to ask the court to appoint a lawyer as personal representative.

Distributing the property

The personal representative must also distribute the property to all of the heirs. Sometimes, before a probate case is over, you may find it necessary to ask the court to make a “partial distribution” to all heirs. If you make a partial distribution, you would distribute some of the property, and leave the rest in the estate until a later date.

Or, if you’ve taken care of everything in the probate case, then, you may file a final account with the court, and ask the court to close the probate, and make a full distribution to all heirs.

What happens if the personal representative doesn’t perform his duties properly?

When a court appoints a personal representative, the personal representative takes an oath to perform his duties according to law. If a personal representative fails to properly perform his duties, then “any person interested” may ask the court to remove the personal representative. “Any person interested” included heirs or creditors. If an interested person asks the court to remove the personal representative, then the court must hold a hearing on the issue of removal. The court may require the personal representative to provide an accounting of how he has managed the estate.

If the court believes that the personal representative did not perform his duties according to law, the court may revoke the personal representative’s authority, and may appoint a new personal representative.

Do you have questions about being an executor? Contact the Persaud Law Office.

The Persaud Law Office has helped many clients draft wills, and we’ve helped many clients act as personal representatives of estates. We’ve also represented clients who challenged the actions of a personal representative.

If you have questions about naming a personal representative in your will, or about acting as personal representative, or about challenging a personal representative, we can help. Give us a call today.