How to Force an Executor to Execute a Will in Oklahoma

By Jennifer Williams

Oklahoma law requires anyone in possession of a will, such as the named executor, to present it to the court within 30 days of the testator's (will maker) death. If the will is not presented within the 30-day window, Oklahoma law allows any heir, beneficiary or other interested party to compel presentation of the will, which begins the probate process and effectively forces the executor to execute, or probate, the will.

Oklahoma law requires anyone in possession of a will, such as the named executor, to present it to the court within 30 days of the testator's (will maker) death. If the will is not presented within the 30-day window, Oklahoma law allows any heir, beneficiary or other interested party to compel presentation of the will, which begins the probate process and effectively forces the executor to execute, or probate, the will.

Step 1

Determine whether the will has been presented to the district court for probate. Check with the district court, probate division, in the county where the deceased lived and ask if the will has been filed. The court clerk will need the deceased's name and possibly dates of birth and death to verify whether the will is on file.

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Step 2

Petition the court to require the will be produced and filed with the court. The petition must contain a statement showing the court has jurisdiction, state whether any named executor agrees or does not agree to act in that capacity, state the names, contact information and ages of all beneficiaries named in the will, list all estate property and its approximate value (to the best of the petitioner's knowledge), and name an individual who wants to serve as executor. The petitioner should also state the name of the person she believes has possession of the will. The petition must be signed and filed with the district court.

Step 3

Wait for the court to issue an order requiring the individual in possession of the will to produce it and file it with the court, after which the court appoints an executor and the execution of the will, or probate, begins. If the individual with the will does not comply with the court order and refuses or neglects to file the will, he may be jailed until the will is turned over to the court.

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Arkansas Will and Testament Filing

References

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