In Oklahoma, if your parents died without a will, you technically cannot be named an executor (since that term applies to people named in a will). Instead, the probate court appoints an administrator to handle the estate. An administrator’s duties are the same as an executor’s: collecting assets, paying debts, and distributing property according to Oklahoma’s intestacy laws.

Here’s how it works:

Eligibility To Become The Executor

You are eligible to serve if you are:

• An adult child of the deceased (children rank high in priority under 58 O.S. § 122).
• Of sound mind and legal capacity.
• Not disqualified (for example, not a convicted felon unless rights have been restored).

If more than one child wants to serve, the judge decides who is best suited or may appoint co-administrators.

File a Petition for Letters of Administration

To start the process:

• File a probate case along with a Petition for Letters of Administration in the district court of the county where your parent lived.
• The petition must include:
  • Your parent’s date of death.
  • A list of heirs (spouse, children, other relatives).
  • A general description of the estate property.
  • A request to be appointed as administrator.

Notice and Probate Hearing

• The court will set a hearing date.
• You must give notice to heirs and creditors.
• At the hearing, the judge decides if you should be appointed.

Bond Requirement

• Unless all heirs waive it, the court will require you to post a bond to protect the estate.
• The amount depends on the value of the estate.

Letters of Administration

If appointed, the court issues Letters of Administration. These are legal documents giving you authority to act on behalf of the estate, such as:

• Accessing bank accounts.
• Selling property (with court approval in some cases).
• Paying debts.
• Distributing assets to heirs.

Contact a Tulsa Probate Lawyer Near You

As a child of your parents, you can usually be appointed to manage their estate if they die without a will. You do this by petitioning the probate court for Letters of Administration. Once appointed, you carry out the same duties as an executor would under a will. For a free consultation with a Tulsa County Probate lawyer from Tulsa County Lawyers Group, call us at 918-379-4864. You can also click this link to ask a free online legal question.