Detailed Answer
Under Oklahoma law, a guardian or guardian ad litem may be appointed to protect a minor’s interest in an estate through the probate court. Key steps include:
- File a Petition: An interested party (often a parent or beneficiary) files a petition in the county probate court where the decedent’s estate is administered. The petition must identify the minor, describe the estate interest, and request appointment of a guardian ad litem or guardian of the property. (See 58 O.S. §120: 58-120.)
- Give Notice and Hold Hearing: The court sets a hearing, and the petitioner must notify all interested parties, including the minor’s parents or legal custodians. At the hearing, the judge reviews the minor’s need for representation and the suitability of the proposed guardian.
- Appointment of Guardian ad Litem: Under 58 O.S. §120, the court may appoint a guardian ad litem—often an attorney licensed in Oklahoma—to represent the minor’s legal interests in litigation or probate proceedings. The guardian ad litem conducts an independent investigation and advises the court on what serves the minor’s best interests.
- Appointment of Guardian of Property: If the minor is entitled to property or funds, the judge may also appoint a guardian of the property under 58 O.S. §121. (See 58-121.) This guardian holds assets in trust, files inventories and accountings, invests funds per court approval, and disburses money for the minor’s benefit (education, health, maintenance).
- Bond and Reporting Requirements: The court typically requires the guardian of the property to post a bond for protection of the minor’s assets. The guardian must file an initial inventory (58 O.S. §128), periodic accountings, and seek court approval for major transactions.
- Termination of Guardianship: The guardianship ends when the minor reaches majority (18 years old) or when the estate is fully administered. The court then approves a final accounting and discharges the guardian.
This process ensures that a minor’s estate interest is managed securely and in the minor’s best interests. Courts supervise guardians to prevent mismanagement or conflicts of interest.
Helpful Hints
- Determine the value of the minor’s share before petitioning; higher-value estates almost always require a guardian of the property.
- File the petition promptly to avoid delays in estate distributions.
- Choose a guardian with probate experience—attorneys often serve as guardians ad litem.
- Prepare for bond requirements; surety bonds must cover the full value of the minor’s interest.
- Keep detailed records and meet all court deadlines for inventories and accountings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.