Special Administrator – Part 3: OKLA. STAT. tit. 58 § 211 Broken Down

In the last blog post in this series, we looked at how Okla. Stat. tit. 58 § 211 lays out the basic role of a Special Administrator of an estate in the probate process: “to collect and take charge of the estate of the decedent, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of the estate.”

Looking closely at the statutory language, we can pick up several points of emphasis (added above) in the text itself:

– Found.   When someone dies, finding out all the details of the property and business they left behind – such as what they owned, what they owed, and what ongoing business and other obligations remain outstanding – is not always an easy task, to say the least.  This is especially true if this needs to be done quickly.  Having the authority of a Court appointment as Special Administrator can make the search easier and perhaps progress more quickly.

– Collect.  Even if items are known or found, it may be difficult to gather them without official judicial authority.  Think of, for instance, trying to combine several bank and investment accounts the decedent owned at death into one estate account without anything to show the various institutions that you had the authority to do so.  If such a collection need is pressing, a Special Administrator may be a solution.

– Take Charge.  Sometimes there is just the need for someone to take charge quickly.  This could be because there are a lot of pressing matters left behind by the decedent.  Or it could be that there are a lot of potential “chefs in the kitchen” trying to take the estate in different directions or where it should not go.  Or it could be a number of other issues.

– Preserve.  There could be cattle that need immediately attention or inventory that needs dealt with.  There could be the danger of certain estate assets being taken or lost by those with an interest of the estate or otherwise.  A number of factors can lead to loss or decline in an estate.

In sum, the final point of preservation is one of the central ideas behind a Special Administrator: keep the items in an estate safe and in good shape for the legitimate beneficiaries.  Sometimes in order to preserve, a Special Administrator has to first find, collect, and take charge.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at coryhicks@fieldandhicks.com or using any of our contact information in the profile.  You can also visit www.fieldandhicks.com for more information.

This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.