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.

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.

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.

File a DBA for your business online. Get Started Now

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.

File a DBA for your business online. Get Started Now
New York Estate Law When the Executor Dies

References

Related articles

When Does Last Will & Testament Have to Be Filed in Probate?

When someone dies, leaving a will, it must be filed in the appropriate probate court to be legally effective. The court must verify that it is, indeed, the decedent's will and that it has been property executed under state law. The personal representative, or executor, named in the will cannot begin estate administration until probate has been opened.

If an Executor Is Not Available Who Could Execute a Will?

The executor is the person named in a will to administer an estate and fulfill the terms of the will, upon the passing of the will maker, or testator. However, a named executor may decline to take on the role of executor, or in some cases, may be deceased or simply unable to fulfill the role. A well-written will typically has provisions for these circumstances, or in the absence of these provisions, the court may intervene.

Can a Non-Lawyer Bring a Will to Probate Court?

Probate is the process of ensuring a will's validity and carrying out the instructions it contains. The probate process is overseen by a probate court, but the actual work on the estate is typically done by the estate's executor or personal representative. A non-lawyer may file a will to open the probate estate and may serve as executor.

Related articles

The Amount of Time Allowed to Probate a Will in Pennsylvania

State laws vary with regard to probate. Probate is a judicial process where a special court oversees the administration ...

How to File a Will to Be Probated in Michigan

To start the probate of a will in Michigan, you must file the will, which initiates the court proceedings necessary to ...

Requirement to File a Will After Death in Texas

On the death of a Texas resident, the laws of probate court govern the handling of wills. Probate is the process of ...

How to Find the Executor of a Will for Distribution of Property

Although common law required different instruments for bequeathing real and personal property, current law eliminates ...

Browse by category
Ready to Begin? GET STARTED