Who can be an Administrator of a Probate Estate in Oklahoma?

It is possible to avoid probate in Oklahoma through various estate planning strategies. Probate is the legal process through which a deceased person’s assets are distributed under court supervision. While probate can be necessary in some cases, it can also be time-consuming and costly. There are several methods to bypass the probate process, allowing for a more efficient transfer of assets to beneficiaries. Methods to Avoid Probate If you’re wanting to avoid the probate process, you have some options, such as: Revocable Living Trust: A revocable living trust is a legal document that places your assets into a trust during your lifetime. You retain control over the trust and can make changes or revoke it as needed. Upon your death, the successor trustee (whom you designate) transfers the assets to the beneficiaries without the need for probate. Joint Tenancy with Right of Survivorship: Joint tenancy allows two or more individuals to own property together with equal rights. Upon the death of one owner, the property automatically passes to the surviving owner(s). This transfer occurs outside of probate, provided the right of survivorship is clearly stated in the property deed. Transfer on Death (TOD) Deeds: Oklahoma allows for Transfer on Death Deeds, which let you name a beneficiary who will receive your real estate upon your death. You retain full ownership and control of the property during your lifetime. Upon your death, the property transfers to the named beneficiary without probate. Beneficiary Designations: Certain assets, such as life insurance policies and retirement accounts allow you to name a beneficiary directly. These assets transfer directly to the named beneficiaries upon your death, bypassing probate. Small Estate Affidavit: Oklahoma law allows for a simplified probate process for small estates, typically those valued at $50,000 or less. Heirs can use a small estate affidavit to claim the decedent’s assets without going through formal probate. This simplifies the process and reduces costs for small estates. If you’re considering one of these options, or others, consult with an estate planning attorney. Not only will they be able to explain all of the options, they’ll also be able to look at your situation and tell you which is best for you. Considerations When Avoiding Probate However, if you’re wanting to avoid probate, there are things you need to think about ahead of time. Legal Compliance: Ensure that all methods and documents comply with Oklahoma laws to avoid complications. Tax Implications: Understand the tax consequences of transferring assets, especially with gifting and trusts. Proper Documentation: Keep all documents, such as deeds, beneficiary designations, and trust agreements, up to date and legally valid. Work with an estate planning attorney to ensure your estate plan effectively avoids probate and meets your goals. Oklahoma City Estate Planning Attorneys Avoid probate

We often get questions about who can be an administrator of a probate estate. When someone passes away without a valid will, their estate enters a legal process known as intestate probate. During this process, the court appoints an administrator to manage and distribute the deceased’s assets. In cases where a will exists but does not name an executor, the court may also appoint an administrator.

Priority of Appointment

Oklahoma law establishes an order of priority that determines who is eligible to serve as an estate’s administrator, which is:

  • Surviving spouse: The spouse of the deceased typically has the highest priority to be appointed as the administrator.
  • Children of the deceased: If there is no surviving spouse, adult children are usually next in line.
  • Parents of the deceased: If the deceased left no spouse or children, the court may appoint the deceased’s parents.
  • Siblings of the deceased: In the absence of immediate family members, the court may consider siblings of the deceased.
  • Other relatives: More distant relatives, such as cousins, may be appointed if no closer family members can serve.
  • Creditors or other interested parties: If no family members are willing or able to administer the estate, creditors or other interested parties may petition the court for appointment as the administrator.

This priority order gives those closest to the deceased, who likely have a personal and vested interest in the proper administration of the estate, the first opportunity to take on the role.

Eligibility Requirements

An individual must meet certain eligibility requirements under Oklahoma law to be an administrator.

  • Legal age: The individual must be at least 18 years old.
  • Sound mind: The court will only appoint an administrator who is of sound mind and capable of fulfilling the duties.
  • No felony convictions: Individuals with felony convictions are generally ineligible to serve as administrators.

The court has the discretion to reject any candidate who does not meet these qualifications, even if they are the highest priority in the family hierarchy.

Duties and Responsibilities of an Administrator

The administrator has a legal duty to act in the best interests of the estate and its beneficiaries. Some of the primary responsibilities include:

  • Collecting and managing assets: The administrator must identify, secure, and manage all assets of the estate, such as real property, personal property, and financial accounts.
  • Paying debts and taxes: The administrator must settle any outstanding debts of the deceased, including taxes owed by the estate.
  • Distributing assets: The administrator distributes the remaining assets to the heirs after paying the debts, as determined by the state’s intestacy laws or the will (if one exists).
  • Filing required documents: The administrator is responsible for filing all necessary legal documents including the last will and testament with the probate court, such as an inventory of the estate and a final accounting.

The administrator must handle these tasks responsibly, as failure to do so can result in legal action. In certain cases, the court may appoint a professional administrator, such as a public administrator, to manage the estate. This is more likely to happen in complex estates or those with a high potential for conflict.

Removal of an Administrator

The court can remove an administrator under certain circumstances. If the administrator fails to perform their duties, mismanages the estate, or engages in fraudulent or unethical behavior, the court can replace them. Beneficiaries or other interested parties can file a petition to request the removal of the administrator, and the court will hold a hearing to evaluate the claim. If removed, the court will appoint a new administrator to continue the probate process.

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Oklahoma City Probate Attorneys

Serving as the administrator of a probate estate carries significant responsibility, requiring legal eligibility, the ability to manage complex financial and legal matters, and the court’s trust. In Oklahoma, close family members receive priority, but the court may appoint professional administrators in complex or contentious cases. If you’re involved in a probate case, our team at Oklahoma City probate Attorneys can help. Call us in Oklahoma City today at 405-367-8710 or ask a question online.

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