Oklahoma Restrictions on Who Can Serve as Executor

Learn the rules about who can be your executor in Oklahoma.

One of the most important reasons to make a will is to name your executor. After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Oklahoma.

Basic Requirements for Serving as an Oklahoma Executor

Your executor must be:

  • at least 18 years old, and
  • of sound mind -- that is, not judged incapacitated by a court.

Many states prohibit people who have felony convictions from serving as executor. In Oklahoma, you cannot name an executor who has been convicted of an “infamous crime” -- in other words, a felony.

(Okla. Stat. Ann. tit. 15, § 13; tit. 58, § 102; 217 P.2d 827.)

Special Rules for Executors in Oklahoma

In addition to the restrictions above, an Oklahoma probate court will reject a potential executor found incompetent because of “drunkenness, improvidence, or want of understanding and integrity.” (Okla. Stat. Ann. tit. 58, § 102.)

Oklahoma Restrictions on Out-of-State Executors

For practical reasons, it’s smart to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Oklahoma imposes on out-of-state executors.

In Oklahoma, a nonresident executor must appoint someone who lives in the county where the estate is being probated to act as an agent. Your executor’s in-state agent will accept any legal papers related to your estate. (Okla. Stat. Ann. tit. 58, § 162.)

Learn More

For more information about choosing your executor and making your will, see the Wills section of Nolo.com.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NEED PROFESSIONAL HELP ?

Talk to an Estate Planning attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you