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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance specific to your situation.

Detailed Answer

Under Oklahoma law, an interested person may petition the probate court to remove a personal representative (formerly called an administrator) for cause. Title 58 of the Oklahoma Statutes outlines the procedure and grounds for removal.

Who qualifies as an interested person?

An interested person includes beneficiaries, heirs, creditors, or any party with a legal stake in the estate’s administration. See Okla. Stat. tit. 58 § 553.

Grounds for removal

Okla. Stat. tit. 58 § 556 authorizes removal for cause, including:

• Refusal or persistent failure to perform duties;
• Misconduct or gross misconduct affecting estate assets;
• Mismanagement, waste, or loss of estate property;
• Failure to file an inventory or accountings;
• Incapacity, insolvency, or criminal conviction.

Reference: Okla. Stat. tit. 58 § 556.

How to file a removal petition

1. Draft a petition stating the court’s name, estate name, case number, and grounds for removal.
2. Attach supporting evidence, such as communications or accounting records showing failure to act.
3. File the petition in the county court where the estate is pending.
4. Serve notice on the personal representative and all interested persons according to § 423.
5. Attend the hearing. The court will consider evidence and may remove the representative if it finds cause.

Appointment of a successor

If the court removes the personal representative, it may appoint a successor under § 569. The successor carries out remaining duties and distributes assets per the will or intestacy laws.

Helpful Hints

• Gather clear documentation of missed deadlines, communications, or financial mismanagement.
• Review estate inventories and accounting reports to identify deficiencies.
• Speak with other beneficiaries to confirm shared concerns and coordinate evidence.
• Follow Oklahoma Rules of Civil Procedure for service deadlines and formats.
• Consider mediation or informal resolution before filing to save time and cost.
• Consult a probate attorney if the estate is complex or contested.