Understanding the Court’s Role if You Pass Away Without a Will

One of the most critical aspects of estate planning is naming a person who will make decisions in case you become incapacitated or pass away. After your death, a personal representative (or executor) will perform essential tasks like paying outstanding debts and taxes and overseeing the distribution of assets. While representatives play an invaluable role in the resolution of estates, not everyone takes the steps necessary to make this appointment. Instead, if a person passes away without a will, or dies intestate, a judge in an Oklahoma court will decide who should act as that person’s personal representative. When many people learn more about how this appointment is made, they experience an increased motivation to make sure to write the appropriate estate planning documents. How Oklahoma Law Functions in Such a Situation A probate court will appoint an estate administrator in case you die intestate. The court’s decision about how to nominate as an administrator will be influenced by state law. While every state provides a prioritized list of preferred parties to function in this role, Oklahoma’s guidance is particularly detailed. In order, the following parties in Oklahoma are appointed to act as executors: The surviving spouse or someone nominated [...]