Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Under Oklahoma probate law, the court follows a strict order of priority when appointing a personal representative to administer a decedent’s estate. That order is set out in 58 O.S. § 123 (link).
1. Order of Priority (58 O.S. § 123)
- Surviving spouse
- Children of the decedent
- Descendants of deceased children
- Parents
- Siblings
- Descendants of deceased siblings
- Creditors with timely claims
- Any other person interested in the estate
A mother-in-law is not listed among the first seven classes and therefore falls into the final category: “any other person interested in the estate.”
2. Can a Mother-in-Law Serve?
Yes, but only if no one in the higher-priority classes is available or willing to serve. The court will not appoint a mother-in-law if a surviving spouse, child, parent, sibling or creditor with sufficient claim seeks the role. If you are the only willing person left, you may petition the probate court for appointment, demonstrating that no qualified person in the seven priority levels is available.
3. Petitioning the Court
- File a verified petition in the county where the decedent lived.
- Provide notice to all persons in higher-priority classes (by mail or publication) per 58 O.S. § 123.
- Demonstrate your interest in the estate and your ability to serve competently.
- The court may require a bond to protect estate assets.
- If no one in higher-priority classes intervenes, the court may appoint you.
Helpful Hints
- Review 58 O.S. § 123 carefully to understand priority levels.
- Talk with family members in higher-priority classes before filing.
- Consider seeking consent in writing to streamline the process.
- Gather documentation of your relationship and willingness to serve.
- Be prepared to post bond and provide an inventory of estate assets.
- Consult an Oklahoma probate attorney if disputes arise.