Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your situation.
Under Oklahoma law, a probate court appoints an administrator for an intestate estate by following a strict priority list set out in 58 O.S. § 201. That list generally gives first priority to the surviving spouse, then to children, parents, siblings, more remote next of kin, creditors, and finally any other suitable person. You cannot leapfrog a higher‐priority heir unless that person is legally unable or unwilling to serve.
Here are the main ways a lower‐priority applicant can obtain appointment when a higher‐priority heir exists:
- Renunciation by the higher‐priority heir. Under 58 O.S. § 205 (link), a person entitled to letters of administration may file a sworn renunciation in the probate clerk’s office. Once renounced, the court moves to the next heir in the priority list.
- Disqualification or refusal to serve. If a higher‐priority person is under 18, incapacitated, a nonresident who fails to appoint a local agent, or declines in writing, the court must skip that person under 58 O.S. § 201 and § 206 (link).
- Court‐approved waiver or substitution. With good cause—such as conflict among heirs, incapacity, or a higher‐priority heir’s prolonged unavailability—the court retains discretion to appoint another suitable person under its general authority to ensure estate administration is not delayed (see 58 O.S. § 202, powers of the court).
- Agreement of all interested parties. Sometimes heirs agree in writing to nominate and support a particular individual. Submitting a consent agreement can expedite the court’s decision and demonstrate unity among interested parties.
Example: Jane Doe wishes to serve as administrator but her father, a higher‐priority heir, lives out of state and doesn’t appoint a resident agent. Jane can ask the court to bypass her father under 58 O.S. § 206 and seek appointment directly.
Helpful Hints
- Review the full priority list in 58 O.S. § 201 (link).
- File any renunciation or refusal as soon as possible to prevent delays.
- Gather written consents from all heirs to strengthen your petition.
- Confirm whether any heir is a nonresident and whether they’ve designated an Oklahoma agent.
- Be prepared to show the court good cause if seeking a judicial waiver of the priority order.
- Consult with a local probate attorney to draft petitions, notices, and waivers correctly.