Detailed Answer
Disclaimer: This article does not provide legal advice. Consult a qualified attorney for guidance regarding your situation.
Under Oklahoma’s Uniform Probate Code, a personal representative must maintain accurate records and file accountings with the probate court. Key statutory duties include:
- Inventory and Appraisement: File an inventory of estate assets and their appraised values within 60 days of appointment. See 58 O.S. § 319.
- Annual and Final Accountings: File at least one accounting each year showing all receipts, disbursements, and the status of estate assets, plus a final accounting before distribution and discharge. See 58 O.S. § 322.
- Notice of Hearing: Provide written notice of accounting hearings to interested persons, including heirs and beneficiaries. See 58 O.S. § 402.
Once accountings are filed, they become public record. Interested persons—including heirs, devisees, and creditors—may inspect probate filings and obtain copies from the court clerk for the statutory fee. Although the code does not expressly require the personal representative to mail you a copy on request, Oklahoma law gives you two practical paths:
- Request Directly: Send the personal representative a written demand for a copy. Often they will comply to avoid court involvement.
- Court Inspection or Petition: Visit the county court clerk’s office to review and copy the accounting. If the representative refuses your written request, you can petition the court to compel production or, in serious cases, seek removal or surcharge of the representative under 58 O.S. § 346.
Helpful Hints
- Always send request letters by certified mail and keep copies for your records.
- Check the court’s online docket or contact the clerk to confirm when accountings are filed.
- Attend the scheduled hearing on the accounting to raise questions or objections in person.
- Be prepared to explain any discrepancies or missing transactions you discover.
- Engage a probate attorney if the representative fails to account or if you suspect mismanagement.