What Are The Eligibility Requirements to Be an Executor Of An Estate in Oklahoma

Oklahoma law sets some basic eligibility requirements to be an Executor or personal representative of an estate. Although there are rules, the rules are somewhat easy to satisfy. The rules are found in Title 58 of the Oklahoma Statutes. Here are the key requirements:

General Eligibility in Oklahoma

• Age & Capacity: The executor must be at least 18 years old and must be of sound mind.
• Residency: A nonresident may serve as an executor if they appoint a local agent for service of process in Oklahoma.

Disqualifications Of An Executor

Under 58 O.S. § 102, certain people cannot serve as executors in Oklahoma:

• Incompetent persons (lacking legal capacity).
• Convicted felons, unless their civil rights have been restored.
• Corporations not authorized to act as fiduciaries in Oklahoma (though trust companies and banks may qualify).
• Persons judged unsuitable by the probate court.

Priority of Appointment of an Executor

There are many situations when one or more people want to be the executor of the estate. If more than one person wants to be executor, Oklahoma law gives priority:

1. The person named in the will.
2. The surviving spouse or a person they request.
3. The decedent’s children.
4. Other heirs in order of kinship.
5. Creditors.
6. Any legally competent person the court selects.

Bond Requirement

• Unless waived by the will, an executor usually must post a bond to protect the estate. In many cases, the Judge will waive the bond requirement on a motion from the probate attorney.
• Corporate executors, such as banks/trust companies, are often exempt. This is because they have professional liability insurance and other professional boards that guide their

There are certain Eligibility Requirements to be an Executor, but those are not that difficult to meet. To be an executor in Oklahoma, you must be a competent adult, not disqualified under the statute, and approved by the court. Nonresidents may serve but need an in-state agent. The court also has discretion to reject someone if they appear unsuitable.

Put a Tulsa Probate Attorney In Your Corner

Filing a probate in Oklahoma isn’t something most people do on their own. This is because the process is riddled with rules and requirements that make the process cumbersome. Our Tulsa probate attorneys file probate cases throughout Oklahoma and know how to move your case forward and cut through the red tape. For a free consultation with an Oklahoma probate attorney, call Kania Law Office at 918.743.2233. Or you can follow this link to ask a free online legal question.