Detailed Answer
Under Oklahoma probate law, an executor or administrator must file a final accounting to show how estate assets were managed and distributed. If you need more time, you can ask the court for an extension by filing a formal Motion for Extension of Time.
1. Know the Deadline for Final Accounting
By statute, an executor generally must file their Final Settlement and Application for Discharge within nine months after appointment, unless the court orders otherwise (see 58 O.S. §388). Missing this deadline may expose the fiduciary to surcharges or liability.
2. Prepare and File Your Motion for Extension
To obtain more time, prepare a Motion for Extension of Time to File Final Accounting. Oklahoma law grants the probate court discretion to extend filing deadlines upon a showing of good cause (58 O.S. §3802).
- Caption: Title the document “Motion for Extension of Time to File Final Accounting.” Include the court name, case number, and parties.
- Statement of Facts: Explain why you need more time (e.g., delayed appraisals, complex assets, outstanding litigation).
- Good Cause: Describe specific reasons demonstrating that an extension is necessary and will not prejudice interested parties.
- Proposed New Deadline: Request a specific extension period (e.g., 60 or 90 days).
- Signature and Certificate of Service: Sign the motion and certify that you served it on all interested parties per 58 O.S. §387.
3. Serve Notice and Attend the Hearing
After filing, serve all beneficiaries, heirs, and creditors at least ten days before the hearing date. At the hearing, be prepared to present evidence supporting your request. The judge will evaluate whether your reasons qualify as “good cause” and may grant or deny the extension.
4. After the Court’s Decision
If the court grants your motion, note the new deadline and complete your accounting by that date. If denied, you must file your final accounting immediately to avoid penalties. If you still need more time, you may seek a second extension, but courts scrutinize repeat requests more closely.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney about your specific situation.
Helpful Hints
- Start early: Gather asset valuations and receipts throughout the administration process.
- Check local rules: District court procedures may vary by county.
- Keep detailed records: Organized records strengthen your good-cause showing.
- Serve parties properly: Accurate service avoids delays or objections.
- Consider professional help: A probate attorney can guide you through complex estates.