The Oklahoma Bar Journal November 2024

CHECKLIST/GUIDE FOR PERSONAL REPRESENTATIVES For the Attorney and Client to Both Use

DEFINITIONS Decedent: The term used to identify the person who has died and whose estate is being managed. Estate Administration: The legal process whereby the final affairs of the deceased person are managed and the estate distributed according to the laws of intestate succession. The process can look very similar to the process for probate of a will. Personal Representative: The person who has been appointed by the court to administer (manage) the affairs of the decedent (with or without a will). This position was previously known as executor/executrix, and you will still hear those terms occasionally. Probate: The court process whereby the last will and testament is officially submitted to the court, and the statutory process for handling the estate is completed. TASKS AND GUIDANCE Here are some, but not all, of the issues/tasks you should consider and complete in your role as the court- appointed personal representative of an estate. (Initial and date each task as completed, and make notes.)

deceased children of the decedent if they left children or grandchildren of their own. Even more unexpected for some people is that you must also list the dece dent’s children who were adopted by other persons in the past. Some people find it even more surpris ing that children whose paternity was never actually legally established should be listed because those children have a right to inherit if they can prove they are the child of the deceased. Be very careful with this effort because the risk that accompanies you leaving someone out is rather substantial. _. Be sure to advise your probate attorney if there is anyone who is a surviving spouse or who might claim to be a surviving spouse of the deceased per son. You must keep in mind that Oklahoma still rec ognizes common-law marriages. There does not have to be an official marriage license, and there doesn’t even have to be an official marriage ceremony of any sort. Keep in mind that you are not the judge, and you should not be deciding whether someone is or is not a common-law spouse. If they claim to be one, list them and let the judge figure it out. _. Do your best to identify all the decedent’s finan cial accounts of every type. Keep in mind that not all financial institutions continue to mail their statements through postal service mail. It is quite likely, and appears to be becoming much more common, that statements are only sent through email.

_. As quickly as possible, research whether the decedent had a prepaid funeral plan and/or a prepaid funeral policy. Locate the policy documents, if pos sible, and contact the funeral home for a copy of the memorial planning if that is available. Such a plan is binding on the family and friends. _. Right after you are appointed personal rep resentative of the estate, consider having the mail forwarded to you. This will allow you to identify lots of information you’re going to need throughout the probate process. You can begin this task by going to usps.com, and in the search option at the top right of the screen, search for “mail addressed to the deceased,” and you will find instructions. You may also go to the post office in person. _. Watch the mail for bills of every type. Make a copy of each different creditor for the probate attor ney, as we (you) are obligated to send a notice to all the creditors that are either known or could have been reasonably identified had you given the search rea sonable effort. You need not copy multiple statements from the same creditor as that wastes the attorney’s time and your money. _. At the very beginning of the case (or as soon as reasonably possible), draw/write a family tree for the decedent. This is important, and some aspects may not seem necessary. You must include offspring of

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

26 | NOVEMBER 2024

THE OKLAHOMA BAR JOURNAL