Disclaimer: This article provides general information about Oklahoma law and does not constitute legal advice. Consult a qualified attorney for assistance with your specific situation.
Detailed Answer
When a decedent’s bank accounts remain open after death and co-heirs refuse to cooperate, an interested party must secure a court order under Oklahoma probate law. Below are the core documents and steps required:
1. Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the Oklahoma State Department of Health. Banks will not freeze accounts without proof of death.
2. Petition for Letters of Administration
File a Petition for Letters of Administration in the district court of the county where the decedent resided. This petition formally requests the court to appoint an administrator to marshal assets. See Title 58 O.S. § 23: 58 O.S. § 23.
3. Affidavit of Heirship (Small Estate)
If the estate qualifies as a small estate (total personal property under $50,000), prepare an Affidavit of Heirship under 58 O.S. § 303. This document identifies heirs and can sometimes secure funds without full administration.
4. Proposed Order Freezing Bank Accounts
Draft a proposed order for the judge’s signature directing banks to freeze or restrict account withdrawals. The order should name the financial institutions, account numbers, and bar unauthorized access.
5. Notice to Interested Parties
Serve all heirs and interested parties with notice of the probate petition and the hearing on the freeze order at least 10 days before the hearing date, per 58 O.S. § 87.
6. Hearing and Court Order
Attend the court hearing. If the judge finds co-heirs are obstructing administration, the court will issue letters of administration and the order to freeze accounts. Provide certified copies of letters and the freeze order to each bank.
Helpful Hints
- Start with a full records search to identify all financial institutions where the decedent held accounts.
- Include precise account numbers and branch locations in your petition to avoid delays.
- Confirm service requirements with the court clerk to ensure proper notice to all heirs.
- Request expedited probate in urgent cases to shorten the waiting period for a court order.
- Keep copies of all filings, notices, and certified orders for your records and for each bank.