Detailed Answer
Under Oklahoma law, a wrongful death action allows certain next of kin to recover damages when a person’s death results from another’s wrongful act or negligence. A court-appointed personal representative collects any settlement or judgment and distributes the proceeds according to the priorities set forth in statute.
1. Identify Eligible Beneficiaries
Oklahoma’s Wrongful Death Act (12 O.S. § 1053) defines the class of beneficiaries and order of distribution. See 12 O.S. § 1053.
- Spouse and children share equally.
- If no spouse or children survive, parents inherit equally.
- If no spouse, children, or parents survive, siblings inherit equally.
- If none of the above survive, other lineal descendants inherit by right of representation.
- If no lineal descendants exist, the estate follows intestacy rules under 84 O.S. § 213.
2. Per Capita vs. Per Stirpes Shares
Shares distribute per capita at the first generation with survivors. If a beneficiary predeceases the decedent but leaves children, that deceased beneficiary’s share goes to their children per stirpes.
3. Role of the Personal Representative
The probate court appoints a personal representative under 58 O.S. §§ 341–42. The representative must:
- Gather proceeds of the wrongful death claim.
- Locate and verify all statutory heirs.
- Prepare and file a proposed distribution plan.
- Obtain court approval of the final order of distribution.
4. Court Approval and Final Distribution
After notice to all interested parties, the court reviews the proposed distribution. The court issues a distribution order directing the personal representative to distribute funds. The representative files proof of distribution and closes the estate.
Disclaimer: This article provides general information about Oklahoma law and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance tailored to your situation.
Helpful Hints
- Obtain certified death and marriage certificates for proof of relationship.
- Use a genealogical chart to map heirs and avoid missed beneficiaries.
- Keep detailed records of all distributions and court filings.
- Consider mediation if heirs contest the distribution plan.
- Consult an Oklahoma probate attorney if issues arise during administration.