When make a Will or a trust you in Oklahoma who you choose as an executor of the estate. On its face the answer to this question seems easy. After all, you wont be dead for some time and the who you choose as an executor should be honored that you chose them. The truth of the matter is that When selecting an executor, you should consider all of your options and make a choice based on the personas ability to administer your estate.
Things To Consider When You Choose An Executor
Trustworthy – The executor will handle financial and legal matters, so honesty and integrity are critical.
Responsible and Organized – The probate process involves deadlines, paperwork, and financial management.
Able to Handle Legal and Financial Responsibilities – While they don’t need to be a lawyer or accountant, they should be comfortable managing money and working with legal professionals.
Willing to Serve – The executor should be willing to take on the role, as it requires time and effort.
Impartial – If your family dynamics are complicated, choosing someone neutral can help avoid disputes.
Who Are Common Choices for Executors?
Many people choose:
✔ A spouse or adult child – Common choices, but consider whether they can handle the responsibility, especially during an emotional time.
A trusted friend or relative – Someone reliable who understands your wishes.
✔ A professional executor – Such as a lawyer, accountant, or bank, who can handle complex estates and remain impartial.
What Happens If an Executor Refuses the Role?
If the person you name as executor does not want to serve, they can decline the role when the time comes. In Oklahoma, an executor is not legally required to accept the appointment. If your chosen executor refuses the court has a few options. The Judge can either appoint an alternative executor if you named one in the will. If not a close family friend or a neutural third party can be appointed. Its also possible to pick a beneficiary of the estate itself.
To avoid uncertainty, it is a good idea to name an alternate executor in your will.
What If the Executor Dies Before You?
If your chosen executor passes away before you and you have not updated your will, the court will:
✔ Appoint your alternate executor, if one is named in your will.
✔ If no alternate is named, the court will appoint a new executor based on Oklahoma probate laws.
To avoid complications, regularly review your will and update it if your executor or alternate executor passes away. Reviewing your will and trust is always a good idea. Sometimes people think once the will is done its over. Nothing can be further from the truth. Even if you simply pickup your will and look at it once a year you’ve done something important.
Can You Appoint Multiple Executors?
Yes. You can appoint co-executors, meaning two or more people will share the responsibility. This can be helpful if:
- You want to divide the workload among trusted individuals.
- You want a neutral third party (such as a professional) to work alongside a family member.
- You have business or real estate assets requiring different areas of expertise.
However, co-executors must work together, and disagreements can slow down the probate process.
Protect Your Estate from Executor Issues
To ensure a smooth estate administration, consider the following steps:
Choose a primary executor and at least one alternate to avoid court intervention. I think its a best practice to go so far as to pick a third alternative just to be on the safe side.
Discuss your decision with your chosen executor to ensure they are willing to serve. You might be surprised to find out that many executors don’t want the job. You can avoid this problem just by having a conversation with them.
Consider professional executors if your estate is large or complex. There are many firm and banks that offer this service. Sometimes they charge a percentage of the estate or even charge you hourly.
Review your will regularly to keep your executor choice up to date.
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Find A Will and a Tulsa Trust Attorney Near You
If you need help drafting your will or trust or selecting the best executor for your estate, our law firm is here to guide you through the process. For a free consultation with a Tulsa Estate Planning and probate attorney from Tulsa County Lawyers Group call 918-379-4864. If you like you can ask an online will and trust question by following the link.