Phoenix, AZ asked in Family Law and Probate for Oklahoma

Q: Is there a time limit on how long an executor can take to disburse to heirs (no property, only funds in 401k)?

The 401k agent said they need a certified copy of death certificate, but executor hasn't provided it yet. How long do I have to wait for the executor to do this?

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2 Lawyer Answers
Richard Winblad
PREMIUM
Answered

A: Regarding the 401k, there are often beneficiaries listed. If you are a beneficiary you should be able to make a claim without waiting for an executor. This is because the executor has no access to nor control if there is a beneficiary designation. The exception would be if there was no beneficiary designation or they all died making the estate the beneficiary.

If you are a named beneficiary, you should explore the ability to stretch the benefits instead of cashing out all the money and paying taxes now.

Richard Winblad
PREMIUM
Answered

A: In addition to below:

You can ask the funeral home to assist you with receiving a death certificate. In Oklahoma they cost $15 each. You may also be able to apply with the death certificate directly from the department of health.

https://www.ok.gov/health2/documents/Death%20Certificate%20Application%20-%20ENG.pdf

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