Oklahoma Statutes
Title 58. Probate Procedure

§58-32. Notices required to be published once each week for two or more consecutive weeks - Interval. - When notice is required by this act to be published...

§58-33. "Newspaper" defined. - Wherever the term "newspaper" appears herein, it shall mean newspaper...

§58-34. Mailing and proof of mailing - Persons authorized to make. - When mailing is required by Section 21 et seq. of...

§58-41. Proceedings on contest. - If anyone appears to contest the will, he must file...

§58-42. Judgment - Recording. - The district court, after hearing the evidence on petitions for...

§58-43. Witnesses on trial of contest - Depositions. - If the will is contested, all the subscribing witnesses who...

§58-44. Recording of testimony - Admissibility. - The testimony of any witness or witnesses admitted at a...

§58-51. Foreign wills recorded. - Every will duly proved and allowed in any of the...

§58-52. Petition - Hearing - Notice - Summary administration. - A. When a copy of the will and the order...

§58-53. Proof required. - If, on the hearing, it appears upon the face of...

§58-61. Causes for contesting will after probate. - When a will has been admitted to probate, any person...

§58-62. Citations issued to whom. - Upon filing the petition, a citation must be issued to...

§58-63. Petition and notices when another will offered. - If another will be offered by the petition, it must...

§58-64. Hearing and judgment - New will, admitting to probate. - At the time appointed for showing cause, or at any...

§58-65. Result of revocation. - Upon the revocation being made, the powers of the executor...

§58-66. Costs of contest. - The fees and expenses must be paid by the party...

§58-67. Probate conclusive, when. - If no person, within three (3) months after the admission...

§58-81. Proceedings in case of lost will. - Whenever any will is lost or destroyed, the court must...

§58-82. Special requisites of proof. - No will shall be proved as a lost or destroyed...

§58-83. Court's certificate - Filing - Letters testamentary. - When a lost or destroyed will is established, the provisions...

§58-84. Restraint of former administration. - If before or during the pendency of an application to...

§58-91. Nuncupative wills, how proved. - Nuncupative wills may, at any time within six (6) months...

§58-92. Nuncupative wills - Special requirements. - The district court must not receive or entertain a petition...

§58-93. Proceedings in contest. - Contests of the probate of nuncupative wills and appointments of...

§58-101. Letters to issue to executor or successor in interest of corporate executor. - The court admitting a will to probate after the same...

§58-102. Who incompetent as executor. - No person is competent to serve as executor who at...

§58-103. Failure of executors. - If the sole executor or all the executors are incompetent,...

§58-104. Objections to issue of letters - Letters of administration with will annexed. - Any person interested in a will may file objections in...

§58-105. Death of an executor. - No executor of an executor shall, as such, be authorized...

§58-106. Executor disqualified by absence or minority. - Where a person absent from the state, or a minor,...

§58-107. Two or more personal representatives. - A. When all the executors named are not appointed by...

§58-108. Presumed renunciation of executorship. - If the person named in a will as executor, for...

§58-109. Administrators with will annexed - Authority - Letters. - Administrators with the will annexed have the same authority over...

§58-110. Form of letters testamentary. - Letters testamentary must be substantially in the following form: State...

§58-111. Letters of administration with will annexed, form of. - Letters of administration with will annexed must be substantially in...

§58-121. Letters of administration. - Letters of administration must be signed by the judge, under...

§58-122. Persons entitled to letters of administration. - Administration of the estate of a person dying intestate must...

§58-123. Preferences. - Of several persons claiming and equally entitled to administer, relatives...

§58-124. Where several equally entitled - Creditors. - When there are several persons equally entitled to the administration,...

§58-125. Letters to guardian of minor entitled. - If any person entitled to administration is a minor, letters...

§58-126. Who incompetent as administrator. - No person is competent to serve as administrator or administratrix,...

§58-127. Requisites of petition for administration. - Petition for letters of administration must be in writing, signed...

§58-128. Notice of hearing. - A. When a petition praying for letters of administration is...

§58-129. Contest of petition - Notice. - Any person interested may contest the petition by filing written...

§58-130. Hearing of the petition - Order. - On the hearing, it being first proved that notice has...

§58-131. Court entry as to proof conclusive. - An entry in the minutes of the court, that the...

§58-132. Letters granted to applicant where no contest. - Letters of administration must be granted to any applicant, though...

§58-133. Proof of death intestate. - Before letters of administration are granted on the estate of...

§58-134. Nomination of stranger by person entitled. - Administration may be granted to one or more competent persons,...

§58-135. Revocation in favor of person entitled. - When letters of administration have been granted to any person...

§58-136. Notice of such petition. - When such petition is filed, the judge must in addition...

§58-137. Hearing - Order. - At the time appointed, the citation having been duly served...

§58-138. Surviving spouse - Assertion of prior right. - The surviving husband or wife, when letters of administration have...

§58-161. Oath - Records. - Before letters testamentary or of administration are issued to the...

§58-162. Nonresident representative must appoint agent. - Every executor, administrator or guardian appointed in, but residing out...

§58-171. Necessity and requisites of bond. - Every person to whom letters testamentary or of administration are...

§58-173. Condition of bond. - The bond must be conditioned that the executor or administrator...

§58-174. Separate bond for each person - Exception. - When two or more persons are appointed executors or administrators,...

§58-175. Successive recoveries on the bond. - The bond shall not be void upon the first recovery,...

§58-176. Justification of sureties - Approval of bond - Examination of sureties. - In all cases where bonds are required to be given,...

§58-177. Executor or administrator deposed when bond insufficient. - If sufficient security be not given within the time fixed...

§58-178. Bond waived by will. - When it is expressly provided in the will that no...

§58-179. Petition when bond insufficient - Further security. - Any person interested in an estate may, by verified petition,...

§58-180. Issuance and service of citations. - If the judge is satisfied that the matter requires investigation,...

§58-181. Hearing and order - New bond. - On the return of the citation, or at such other...

§58-182. Revocation of letters for failure to file new bond. - If the executor or administrator neglects to comply with the...

§58-183. Suspension of powers and removal for failure to give bond or further security - Periodical examination of bonds. - When a petition is presented praying that an executor or...

§58-184. Bond insufficient - Citation on personal knowledge of judge. - When it comes to his knowledge that the bond of...

§58-185. Release, application by surety for - Issuance and service of citation. - When a surety of any executor, administrator or guardian desires...

§58-186. Release allowed, when. - If new sureties be given to the satisfaction of the...

§58-187. Refusal to give new sureties - Revocation of letters. - If the executor or administrator neglects or refuses to give...

§58-188. Hearings out of term time. - The applications authorized by the nine preceding sections of this...

§58-211. Special administrators appointed, when. - When there is delay in granting letters testamentary, or of...

§58-212. How appointed - Notice. - The appointment may be made without notice, and must be...

§58-213. Preference. - In making the appointment of a special administrator, the judge...

§58-214. Bond and oath of special administrator. - Before any letters issued to any special administrator, he must...

§58-215. Duties of special administrator. - A. The special administrator must collect and preserve for the...

§58-216. Special administrator superseded by regular appointee. - When letters testamentary or of administration on the estate of...

§58-217. Account, special administrator must render. - The special administrator must render an account, on oath of...

§58-218. Letters of administration revoked on proof of will. - If, after granting letters of administration on the ground of...

§58-219. Rights of executor or administrator with will annexed. - In such case, the executor or the administrator with the...

§58-220. Surviving executor or administrator - Duties. - In case any one of several executors or administrators, to...

§58-221. New administrator appointed, when. - If all such executors or administrators die or become incapable,...

§58-231. Resignation and settlement - Revoking letters. - Any executor or administrator may, at any time, by writing,...

§58-232. Acts before revocation of letters are valid. - All acts of executor or administrator, as such, before the...

§58-233. Proof of appointment. - A transcript from the minutes of the court, showing the...

§58-234. Duty of judge in case of embezzlement - Reports. - A. Whenever the judge has reason to believe, from his...

§58-235. Citation on suspension - Revocation of letters. - When such suspension is made, notice thereof must be given...

§58-236. Hearing of the issues. - At the hearing, any person interested in the estate may...

§58-237. Attendance of executor or administrator may be compelled. - In the proceedings authorized by the preceding three sections, for...

§58-238. Notice by publication, when. - If any executor, administrator or guardian has absconded or conceals...

§58-239. Petition - Consent - Orders to be entered - Withdrawal of waivers or consents - Consent not required, when. - A. After the appointment of the personal representative, and, provided...

§58-240. Determination of heirs, devisees and legatees under certain circumstances - Hearing without notice. - A. If a petition is filed for the appointment of...

§58-241. Dispensing with regular proceedings in estates under $150,000 - Notice to creditors and notice of hearing - Procedure. - A. If, upon filing a petition for probate and after...

§58-242. Probate of will as conclusive. - If no person within sixty (60) days after the will...

§58-243. Limitation of claims. - All creditors having claims against the decedent shall present their...

§58-245. Petition for summary administration - Conditions - Requirements. - A. A petition for summary administration may be filed by...

§58-246. Petition for summary administration - Notice. - A. Upon the filing of the petition and combined notice,...

§58-247. Petition for summary administration - Hearing - Order. - A. At the hearing, the court shall hear objections from...

§58-251. Powers and duties of executors and administrators. - The executor or administrator must take into his possession all...

§58-252. Actions. - Actions for the recovery of any property, real or personal,...

§58-253. Action for waste, trespass and conversion. - Executors and administrators may in like manner maintain actions against...

§58-254. Certain actions against representatives. - Any person, or his personal representatives, may maintain an action...

§58-256. Action against predecessor. - An administrator may, in his own name, for the use...

§58-257. Joinder of parties. - In actions by or against executors, it is not necessary...

§58-258. Compromise with debtors allowable. - Whenever a debtor of a decedent is unable to pay...

§58-259. Fraudulent conveyances, recovery of. - When there is a deficiency of assets in the hands...

§58-260. Creditors must secure costs. - No executor or administrator is bound to sue for such...

§58-261. Sale of realty recovered. - All real estate so recovered must be sold for the...

§58-262. Foreign executors and administrators - Right of action - Proof of authority - Security - Release of mortgages. - It shall be lawful for any person or persons to...

§58-263. Conducting going business. - The executor or administrator shall have the power, where authorized...

§58-264. Borrowing money to pay taxes - Mortgage or pledge of assets. - Executors and administrators of estates of deceased persons are authorized...

§58-265. Approval of contract by judge of district court - Procedure - Limitation to two thirds of appraised value, exception as to. - Any contract for the borrowing of money or the mortgaging...

§58-266. Renewal or extension of time of payment. - The judge of the district court may authorize executors or...

§58-267. Validation of prior contracts. - All contracts for the borrowing of money and giving of...

§58-268. Action against nonprobate beneficiaries for state and federal estate tax - Notice - Costs and attorney fees. - For property other than the probate estate passing directly upon...

§58-269. Executor or administrator - Powers. - The executor or administrator of an estate shall have the...

§58-281. Inventory of estate. - A. A personal representative shall, unless ordered otherwise by the...

§58-282. Appraisement. - To make the appraisement, the judge must appoint three disinterested...

§58-282.1. Release of real estate tax liability - Request - Notice and hearing - Determination - Order. - If it appears there is no possibility that estate tax...

§58-283. Oath of appraisers - Their duties. - Before proceeding to the execution of their duty, the appraisers...

§58-284. Inventory to contain account of monies - Appraisement unnecessary, when. - The inventory must also contain an account of all monies...

§58-285. Executor liable for debt to decedent. - The naming of a person as executor does not thereby...

§58-286. Bequest to executor or another debtor of his debt. - The discharge or bequest in a will of any debt...

§58-287. Return of inventory. - The inventory must be signed by the appraisers, and the...

§58-288. Refusal to return inventory - Penalty - Revocation of letters. - If an executor or administrator neglects or refuses to return...

§58-289. Additional inventory. - Whenever property not mentioned in an inventory that is made...

§58-290. Rights and duties of representative - Possession of property - Homestead - Heirs, actions by. - The executor or administrator is entitled to the possession of...

§58-292. Embezzlement before issue of letters - Civil liability - Exemption for financial institutions with valid security interests. - A. If any person, before the granting of letters testamentary...

§58-293. Complaint on embezzlement - Citation. - If any executor, administrator, or other person interested in the...

§58-294. Trial and judgment. - If the person so cited refuses to appear and submit...

§58-295. Account by third person entrusted with property. - The judge of the district court, upon the complaint, on...

§58-311. Property to be delivered to the family - Homestead. - Upon the death of either husband or wife, the survivor...

§58-312. Exempt property also allowed family. - In addition to the property mentioned in the preceding section,...

§58-313. Homestead exempt from debt or liability. - The homestead is not subject to the payment of any...

§58-314. Additional allowance for maintenance during settlement of estate. - If the amount set apart as aforesaid be less than...

§58-315. Allowance a preferred claim. - Any allowance made by the court in accordance with the...

§58-316. Who entitled to property set apart. - A. When personal property is set apart for the use...

§58-318. When widow has independent income. - If the widow has a maintenance derived from her own...

§58-331. Notice to creditors to present claims. - Every personal representative must, unless the notice has been given...

§58-331.1. Identification of creditors. - A. As used in this act, "known creditors", and related...

§58-331.2. Mailing of notice to creditors - Personal delivery of notice. - After notice is given as required by Section 331 of...

§58-332. Affidavit of mailing or personal delivery. - After notice is given as required by Section 331 of...

§58-333. Bar of claims not presented in time - Exceptions. - All claims arising upon contracts entered into prior to the...

§58-334. Signing of claim - Contents of claim - Proof of claim. - Every claim shall be signed by the claimant or the...

§58-335. Claims paid when not proved and allowed. - When it shall appear upon the settlement of the accounts...

§58-336. Claim by district judge - Proceedings. - The judge of the district court may present a claim...

§58-337. Allowance and rejection of claims. - A. When a claim is presented to the personal representative,...

§58-338. Claims filed in court after allowance. - Every claim allowed by the personal representative, and approved by...

§58-339. Suit on rejected claim - When a claim is rejected, either by the executor or...

§58-340. Claims barred by statute not allowed - Hearing before judge. - No claim must be allowed by the executor or administrator,...

§58-341. Claim must be presented before suit. - No holder of any claim against an estate shall maintain...

§58-342. Vacancy in administration not included in limitation. - The time during which there shall be a vacancy in...

§58-344. Partial allowance of claim. - Whenever any claim is presented to an executor or administrator,...

§58-345. Judgment only establishes claim. - A judgment rendered against an executor or administrator, in the...

§58-346. Judgments before death, how collected. - When any judgment has been rendered for or against the...

§58-347. Death between verdict and judgment. - A judgment rendered against a decedent, dying after verdict or...

§58-348. Reference of claim to third person. - If the executor or administrator doubts the correctness of any...

§58-349. Duties of the referee - Proceedings. - The referee must hear and determine the matter, and make...

§58-350. Costs against representative. - When a judgment is recovered, with costs, against any executor...

§58-351. Claim by personal representative. - If the personal representative is a creditor of the decedent,...

§58-352. Neglect to give notice to creditors. - If an executor or administrator neglects for two (2) months...

§58-353. Statement of claims. - At the same term at which he is required to...

§58-354. Payment of interest-bearing claims not due. - If there be any debt of the decedent bearing interest,...

§58-380. Short title. - This act shall be known and may be cited as...

§58-381. Property not exempt may be sold for debt. - All the property of a decedent, except as otherwise provided...

§58-382. Sales - Reports - Confirmation by court. - Except as otherwise hereinafter provided, all sales must be reported...

§58-383. Petition for orders for sale - All petitions for orders of sale must be in writing,...

§58-384. Order of sale - Requirements. - When it appears to the court that there is good...

§58-385. Authority to renew or extend mortgage or execute new mortgage. - A. 1. The district court may, upon verified petition supported...

§58-385.1. Verified petition by guardian - Contents - Limitations. - To obtain an order for mortgaging such real estate for...

§58-385.2. Hearing on guardian's petition - Notice. - If it appears to the court, from such verified petition...

§58-385.3. Order for guardian to borrow money, execute mortgage, etc. - Additional bond - Approval. - Upon such hearing, if the court is satisfied that it...

§58-385a. Borrowing money - Mortgage of estate realty - Grant of authority by district court. - In addition to the grounds and reasons now set forth...

§58-385b. Petition - Contents - Time for filing - Limitations. - To obtain an order for mortgaging such real estate for...

§58-385c. Hearing on petition - Notice. - If it appears to the court, from such verified petition...

§58-385d. Order to borrow money and mortgage realty - Execution of notes and mortgage - Additional bond. - Upon such hearing, if the court is satisfied that it...

§58-386. Notice of hearing on petition. - Upon the filing of the petition mentioned in Section 385...

§58-387. What personal property may be sold without notice. - A. At any time after receiving letters, the executor, administrator,...

§58-388. Sale of personalty. - After appointment and qualification, the executor or administrator may apply...

§58-389. Partnership interests, etc., may be sold. - Partnership interests, or interests belonging to any estate by virtue...

§58-391.1. Notice of sale of personalty at public auction - Place of sale - Return of proceedings - Hearing. - Notice of the sale of personal property at public auction...

§58-391.2. Notice of sale of personalty at private sale - Place of sale - Return of proceedings - Hearing. - Notice of the sale of personal property at private sale...

§58-393. Payment or delivery of property to successor by affidavit. - A. At any time ten (10) or more days after...

§58-394. Discharge and release upon payment or delivery of property by affidavit. - The person paying, delivering, transferring, or issuing personal property or...

§58-411. Realty may be sold. - When a sale of property of the estate is necessary...

§58-412. Application for sale of realty. - To obtain an order for the sale of real property,...

§58-413. Order for hearing on the petition. - If it appears to the court or judge, from such...

§58-414. Notice of order. - The court shall cause copies of the order to show...

§58-415. Hearing of petition. - If all heirs, legatees and devisees in said estate do...

§58-416. Witnesses. - The executor, administrator and witnesses may be examined on oath...

§58-417. Sale of all rather than part of realty. - If it appear necessary to sell a part of the...

§58-418. Order of sale. - If the court be satisfied, after a full hearing upon...

§58-419. Order, terms and method of the sale. - The order of sale must describe the lands to be...

§58-420. Petition for sale by third person. - If the executor or administrator neglects to apply for any...

§58-421. Notice of sale at public auction. - When a sale is ordered to be made at public...

§58-422. Place and time of sale. - Sales at public auction must be made in the county...

§58-423. Private sale - Notice of - Bids. - When a sale of real property is ordered to be...

§58-424. Relationship of sale price to appraisement - Exception of sale under authority of will. - No sale of real estate at private sale shall be...

§58-425. Security when sale is made on credit. - The executor or administrator must, when the sale is made...

§58-426. Return of sale - Hearing. - Except when a sale is made pursuant to Section 239...

§58-427. Objections to confirmation of return. - When return of the sale is made and filed, any...

§58-428. Confirmation of sale - Resale, when. - If it appear to the court that the sale was...

§58-429. Conveyance and record - Effect of. - Conveyances must thereupon be executed to the purchaser by the...

§58-430. Proof of notice before order. - Before any order is entered confirming the sale, it must...

§58-431. Postponement of sale. - If, at the time appointed for the sale, the executor...

§58-432. Notice of postponement. - In case of a postponement, notice thereof must be given,...

§58-461. Provisions of the will must be followed. - If the testator makes provisions by his will or designates...

§58-462. Sale of property under the will - Confirmation. - When property is directed or authorized by the will to...

§58-462.1. Partition of property under the will - Sale - When the will of a testator authorizes the executor or...

§58-463. When provisions of will are insufficient. - If the provision made by the will, or the estate...

§58-471. Estate liable for debts. - The estate, real and personal, given by will to legatees...

§58-471.1. Liability as dependent on time of granting letters. - No real property of a deceased person shall be liable...

§58-472. Contribution from devisees and legatees. - When an estate given by will has been sold for...

§58-481. Contract for the purchase of lands may be sold. - If a decedent, at the time of his death, was...

§58-482. Terms of the sale of land contract. - The sale must be made subject to all payments that...

§58-483. What bond must specify. - The bond must be conditioned that the purchaser will make...

§58-484. Assignment of contract. - Upon the confirmation of the sale, the executor or administrator...

§58-485. Sale of land subject to mortgage. - When any sale is made by an executor or administrator,...

§58-486. Holder of mortgage may purchase land. - At any sale under order of the district court, of...

§58-491. Misconduct in sale. - If there is any neglect or misconduct in the proceedings...

§58-492. Fraudulent sale - Damages. - Any executor or administrator who fraudulently sells any real estate...

§58-493. Limitation of action to recover. - No action for the recovery of any estate sold by...

§58-494. Persons under disabilities excepted. - The preceding section shall not apply to minors, or others...

§58-495. Account of sale. - When a sale has been made by an executor or...

§58-496. Representative cannot be a purchaser. - No executor or administrator must directly or indirectly, purchase any...

§58-497. Contract with agent to procure purchaser. - The district court may authorize the executor or administrator of...

§58-498. Sale on increased bid to purchaser not procured by agent holding contract. - In case of sale on an increased bid made at...

§58-499. Sale on increased bid procured by agent. - Where an original bid is made by a purchaser direct...

§58-501. Representative to make deed under decedent's contract. - When a person who is bound by contract in writing...

§58-502. Application and hearing. - On the filing of a verified application by either the...

§58-503. Hearing. - At the time and place appointed for the hearing, or...

§58-504. Decree. - If, after a full hearing upon the application and objections,...

§58-505. Deed and record. - The executor or administrator must execute the conveyance according to...

§58-507. Effect of conveyance. - Every conveyance made pursuant to a decree of the district...

§58-509. Enforcement of decree. - The recording of any decree, as provided in the preceding...

§58-510. Death of claimant. - If the person entitled to the conveyance dies before an...

§58-511. Decree may order possession. - The decree provided for in this chapter may direct the...

§58-512. Transfer of property to governmental entities - Approval by district court. - In any proceedings involving any estate which is being probated,...

§58-521. Promise to pay debts of decedent. - No executor or administrator is chargeable upon any special promise...

§58-522. Representative chargeable with whole estate. - Every executor or administrator is chargeable in his account with...

§58-523. Representative shall not profit or lose. - He shall not make profit by the increase, nor suffer...

§58-524. Representative not chargeable with uncollected debts. - No executor or administrator is accountable for any debts due...

§58-525. Expenses and compensation. - He shall be allowed all necessary expenses in the care,...

§58-526. Cannot purchase claims. - No administrator or executor shall purchase any claim against the...

§58-527. Fees and commissions. - A. When no compensation is provided by the will, or...

§58-541. Accounting - Waiver - Sufficiency. - At the final accounting for settlement of the estate or...

§58-542. Citation upon failure. - If the executor or administrator fail to render an exhibit...

§58-543. Petition by third person for accounting. - Any person interested in the estate may, at any time...

§58-544. Action upon petition. - If the judge be satisfied, either from the oath of...

§58-545. Contest of the exhibit - Examination. - When an exhibit is rendered by an executor or administrator,...

§58-546. Penalty for refusal to account after citation. If any executor or administrator neglects or refuses to appear and render an exhibit, after having been duly cited, an attachment may be issued against him and such exhibit enforced, or his lett... - R.L.1910, § 6433.

§58-548. Representative or guardian may be cited by successor - Accounting by personal representative of deceased executor, administrator or guardian. - When the authority of an executor or administrator or of...

§58-549. Letters revoked for continued failure. - If the executor or administrator resides out of the county,...

§58-550. Vouchers or other proof of payment to accompany account. - In rendering his account, the executor or administrator must, upon...

§58-552. Notice of settlement of account. - When any account other than a final account is rendered...

§58-553. Date of hearing - Notice of final settlement. - Every account for the final settlement and petition for distribution...

§58-554. Exceptions to the account. - On the day appointed, or any subsequent day to which...

§58-555. Contest by heirs. - All matters, including allowed claims not passed upon on the...

§58-556. Settlement conclusive - Exception. - The settlement of the account and the allowance thereof by...

§58-557. Proof of notice. - The account must not be allowed by the court until...

§58-581. Investment of funds. - A. Pending the settlement of any estate on the petition...

§58-591. Order of payment of debts. - The debts of the estate must be paid in the...

§58-592. Limit as to mortgage. - The preference given in the preceding section to a mortgage...

§58-593. Method of payment. - If the estate be insufficient to pay all the debts...

§58-594. When certain expenses paid. - The executor or administrator, as soon as he has sufficient...

§58-595. Order for the payment of debts. - Upon the settlement of the accounts of the personal representative,...

§58-596. Payment of unmatured, contingent, or disputed claims. - Subject to the provisions of Section 5 of Title 46...

§58-597. Liability of representative after order. - When a decree is made by the district court for...

§58-598. Rights of creditors not included in order. - When the accounts of the personal representative have been settled,...

§58-611. Payment of legacies and distribution of estate - Extension of time for final settlement. - If the whole of the debts has been paid pursuant...

§58-612. Final account and settlement. - At the time designated in the last section, or sooner,...

§58-613. Provisions applying to final settlement. - If he neglect to render his account, the same proceedings...

§58-621. Petition for legacy or share of estate. - At any time after the lapse of three (3) months...

§58-622. Notice of application - Waiver. - A. Except when the executor or administrator is the petitioner...

§58-623. Who may resist petition. - The executor or administrator, or any person interested in the...

§58-624. Allowance of petition - Order. - If at the hearing it appears that the estate is...

§58-625. Assessment against legatee or devisee. - When any bond has been executed and delivered, under the...

§58-631. Distribution. - Upon the final settlement of the accounts of the executor...

§58-632. Rights fixed by decree. - In the order or decree, the court must name the...

§58-632.1. Validation of decrees entered prior to January 1, 1941. - In all cases of administration of estates of deceased persons...

§58-632.2. Validation of decrees entered prior to January 1, 1951. - In all cases of administration of estates of deceased persons...

§58-632.3. Compliance with notice requirements - Form of final decree - Voidable decree. - 1. At the hearing on the final account of any...

§58-633. Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds. - Upon application for distribution, after final settlement of the accounts...

§58-634. Petition and notice for decree of distribution. - The order or decree may be made on the petition...

§58-634.1. Judgment creditor of heir, legatee or devisee - Petition. - A judgment creditor of an heir, legatee or devisee of...

§58-635. Taxes paid before decree. - Before any decree of distribution of an estate is made,...

§58-652. Partition of common and undivided estates - Procedure. - Whenever an estate, or any part thereof, consisting of either...

§58-661. Settlement of advancements. - All questions as to advancements made or alleged to have...

§58-671. Agent appointed for nonresident. - When any estate is assigned or distributed by a judgment...

§58-672. Bond and allowances of agent. - The agent must first give a bond to the State...

§58-673. Sale of property unclaimed for a year. - When personal property remains in the hands of the agent...

§58-674. Agent to render account. - The agent must render to the district court appointing him,...

§58-675. Liability of agent on bond. - The agent is liable on his bond for the care...

§58-676. Claimant of property. - When any person appears and claims the money paid into...

§58-677. Petition by nonresident - Contents - Hearing - Objections. - A. Title to Oklahoma property owned by a nonresident may...

§58-691. Discharge of representative. - When the estate has been fully administered, and it is...

§58-692. Property discovered after final settlement. - The final settlement of an estate, as hereinbefore provided, shall...

§58-692.1. Title to omitted property without subsequent letters. - In the event any property is not specifically described in...

§58-693. Disposition of monies due minor without guardian - Person whose whereabouts is unknown - Person refusing to accept and receipt - Investment of funds - Dead heirs or legatees. - A. Whenever a final account and order of distribution shall...

§58-694. Search for minor. - If no demand shall be made for such monies within...

§58-695. Death of minor - Disposition of moneys. - Should a minor die having money thus deposited in the...

§58-701. Orders and decrees, requisites of. - Orders and decrees made by the district court, or the...

§58-702. Publications, how made. - When any publication is ordered, such publication must be made...

§58-703. Recorded decree is notice to all persons. - When it is provided in this chapter that any order...

§58-704. Citation must contain what. - Citations must be directed to the person to be cited,...

§58-705. Service of citation. - The citation must be served in the same manner as...

§58-706. Personal notice, how given. - When a personal notice is required, and no mode of...

§58-707. Time of service of citation. - When no other time is specially prescribed in this chapter,...

§58-707.1. Persons who may serve - Proof of service. - Whenever personal service of a notice or citation is prescribed...

§58-708. Description of real property in publication. - When a complete description of the real property of an...

§58-709. Trials and findings - Judgments, how enforced. - All issues of fact joined in a probate proceeding must...

§58-710. Attorney appointed by the court, when. - At or before the hearing of petitions and contests for...

§58-711. Recording of judgment or decree or notice of judgment or decree relating to real property. - When a judgment or decree is made, setting apart and...

§58-712. Revocation of letters for contumacy. - Whenever an executor, administrator, or guardian is committed for contempt,...

§58-713. Proof of death of person in military, naval or maritime service - Time for distribution. - In all proceedings brought for the administration of the estate...

§58-714. Joinder of proceedings relating to different estates. - Proceedings for probate of wills of two or more deceased...

§58-715. Setting out or disclosing facts. - In all cases in which proceedings for probate or administration...

§58-716. Orders fixing date of hearing and notice thereof - Signing. - Whenever the probate code requires that an order setting date...

§58-717. Computation of time. - The time within which an act is to be done,...

§58-718.1. Proceedings for appointment of executor or administrator - Notice to creditors. - From and after the effective date of this act the...

§58-718.2. Accounting and distribution. - Said clerk shall when properly requested so to do likewise...

§58-718.3. Other papers, pleadings, and orders. - He shall also record any other papers, pleadings and orders...

§58-718.4. Certified copies as evidence. - Any certified copy of any of the papers and pleadings...

§58-719.1. Service of notices on Governor and Attorney General. - In all proceedings for the administration of estates of deceased...

§58-719.2. Consent by Governor to sale of property of estate. - In any proceeding for the administration of the estate of...

§58-721. Appealable judgments and orders of district court. - An appeal may be taken from the following judgments or...

§58-722. Party in default may not appeal. - Any party aggrieved may appeal as aforesaid, except where the...

§58-723. Vacation of judgment. - A person interested in the estate or funds affected by...

§58-724. Probate appeals taken as appeals in other cases. - An appeal in a probate proceeding must be taken as...

§58-731. Appeal does not stay issue of letters. - An appeal from the decree or order admitting a will...

§58-732. Appeal does not stay order revoking letters, etc. - An appeal from a decree or order revoking probate of...

§58-741. Reversal for error does not affect lawful acts. - When the order or decree appointing an executor, or administrator,...

§58-901. District courts may approve deeds. - Jurisdiction is hereby conferred upon the district courts of this...

§58-902. Petition for approval - Requirements. - All petitions for the approval of deeds to lands inherited...

§58-903. Hearings in district court - Terms of sale. - The district court shall establish a date upon which all...

§58-905. This law exclusive - Repeal of conflicting laws - Court rules. - The provisions of this act shall constitute the exclusive law...

§58-911. Petition for determination - Hearing - Notice - Order and decree - Filing. - In all cases where any person being a life tenant...

§58-912. Termination of joint tenancy or life tenancy with remainder interest by affidavit. - A. If title to any interest in real property is...

§58-912.1. Forms. - The court administrator shall prepare forms for parties using the...

§58-924. Oil, gas and mineral leases by executors and administrators or guardians - Proceeding in district court - Petition. - Administrators and executors of estates of deceased persons and guardians...

§58-925. Order of court authorizing lease - Public auction - Notice. - Upon the filing of said petition mentioned in the preceding...

§58-926. Sale of lease to highest bidder - Return of sale - Confirmation and approval by district court. - On the date and at the place specified in the...

§58-927. Validation of prior leases. - Any proceedings heretofore, and since April 24, 1935, had in...

§58-928. Unitizing with adjacent lands. - Administrators and executors of the estates of deceased persons and...

§58-928.1. Oil and gas leases having a bonus value not exceeding One Hundred Fifty Dollars - Sale of. - Every court-appointed conservator, administrator, executor or guardian of an estate...

§58-929.1. Sales and agreements by administrators and executors - Approval. - Administrators and executors of the estates of deceased persons and...

§58-929.2. Filing of verified applications for approval - Contents. - The executor or administrator or guardian after having negotiated the...

§58-929.3. Notice of hearing an application - Lands in other counties. - Notice of the hearing of an application for approval of...

§58-929.4. Hearing - Appearances - Approval. - On the date and at the place specified in the...

§58-929.5. Confirmation - Additional bond. - Before confirming any sale under this act, the court may,...

§58-931. Easements for pipelines, transmission lines, highways and dams - Administrators and executors or guardians - Authority as to. - That administrators and executors of the estates of deceased persons...

§58-932. Application and hearing on granting of easement - Notice - Approval. - Before entering into any such contracts for such easements aforesaid,...

§58-941. Presumption of death - Issuance of letters testamentary or of administration. - Presumption of death - Any person missing from his usual...

§58-942. Petition for letters - Venue. - Petition for letters - A petition for letters testamentary or...

§58-943. Contents of petition. - The petition for letters testamentary or letters of administration shall...

§58-944. Date for hearing - Notice - Proof of publication and mailing. - A. Upon the petition as provided for in Section 943...

§58-945. Persons entitled to appear. - Who may appear - Any person interested in said estate...

§58-946. Hearing - Presumption of death - Search or inquiry - Decree - Issuance of letters testamentary or of administration. - A. At the hearing, the court shall determine whether the...

§58-961. Power to lease or extend lease - Term - Petition - Persons entitled to be heard. - When they shall deem it necessary, in order to preserve...

§58-962. Setting for hearing - Notice - Finding - Order. - Upon the filing of such petition the district court in...

§58-963. Presentation of proposed lease to court - Review by court - Approval - Bond. - On the date fixed in the notice in the last...

§58-1001. Disposition of property upon insufficient evidence of survivorship. - Where the title to property or the devolution thereof depends...

§58-1002. Beneficiaries. - If property is so disposed of that the right of...

§58-1003. Joint tenants or tenants by the entirety. - Where there is no sufficient evidence to establish that the...

§58-1004. Husband and wife. - Where a husband and wife have died, leaving community property,...

§58-1005. Life or accident policies - Annuity contracts - Distribution of proceeds. - Where the insured or the annuitant and the beneficiary in...

§58-1006. Inapplication in certain cases. - This act shall not apply in the case of wills,...

§58-1007. Construction and interpretation. - This act shall be so construed and interpreted as to...

§58-1008. Citation. - This act may be cited as the Uniform Simultaneous Death...

§58-1063. Supervised power of attorney. - A. Any person over eighteen (18) years of age may...

§58-1073. Disability, incapacity, or extended absence of principal not affecting acts done pursuant to durable power of attorney. - All acts done by an attorney-in-fact pursuant to a durable...

§58-1081. Standards of conduct and liability. - Any attorney-in-fact, whether acting pursuant to a durable or nondurable...

§58-1101. Application of act. - When an Oklahoma resident dies leaving a surviving spouse, and...

§58-1102. Petition - Filing - Contents. - If electing to use this act, the surviving spouse shall...

§58-1103. Hearing - Notice. - Upon filing of the petition, the court shall fix a...

§58-1104. Admission of will to probate - Appointment of surviving spouse as personal representative - Duties of representative. - A. At the time and place of such hearing or...

§58-1105. Final account - Filing - Requisites - Petition. - After completing all applicable provisions of this act, the surviving...

§58-1106. Final account and petition - Date, time and place - Notice - Hearing. - The court shall thereupon fix a date, time and place...

§58-1201. Short title. - Sections 1201 through 1225 of this title shall be known...

§58-1202. Definitions. - As used in the Oklahoma Uniform Transfers to Minors Act:...

§58-1203. Applicability of law - Custodianship. - A. The Oklahoma Uniform Transfers to Minors Act applies to...

§58-1204. Nomination of custodian. - A. A person having the right to designate the recipient...

§58-1205. Irrevocable transfers to custodian. - A person may make a transfer by irrevocable gift to,...

§58-1206. Personal representatives or trustees - Irrevocable transfers to custodian. - A. A personal representative or trustee may make an irrevocable...

§58-1207. Personal representatives, trustees or guardians - Irrevocable transfers to adult or trust company as custodian. - A. Subject to the provisions of subsection C of this...

§58-1208. Persons holding property of or owing debt to minor - Irrevocable transfers to custodian. - A. Subject to the provisions of subsections B and C...

§58-1209. Acknowledgment of delivery. - A written acknowledgment of delivery by a custodian constitutes a...

§58-1210. Creation of custodial property - Transfers. - A. Custodial property is created and a transfer is made...

§58-1211. Limitations on transfers. - A transfer may be made only for one minor, and...

§58-1212. Validity and effect of transfers. - A. The validity of a transfer made in a manner...

§58-1213. Powers and duties of custodians. - A. A custodian shall: 1. take control of custodial property;...

§58-1214. Rights, powers and authority of custodians over property. - A. A custodian, acting in a custodial capacity, has all...

§58-1215. Delivery or payment to minor - Expenditures for minor's benefit. - A. A custodian may deliver or pay to the minor...

§58-1216. Expenses and compensation of custodian - Bond. - A. A custodian is entitled to reimbursement from custodial property...

§58-1217. Persons dealing with purported custodian - Responsibilities. - A third person in good faith and without court order...

§58-1218. Claims against custodial property - Liability of custodian or minor. - A. A claim based on: 1. a contract entered into...

§58-1219. Successor or substitute custodian. - A. A person nominated in accordance with the provisions of...

§58-1220. Accounting by custodian. - A. A minor who has attained the age of fourteen...

§58-1221. Minor's death or attainment of majority. - A. The custodian shall transfer in an appropriate manner the...

§58-1222. Transfer under other laws after effective date of act. - The Oklahoma Uniform Transfers to Minors Act applies to a...

§58-1223. Transfers under other law prior to effective date. - A. Any transfer of custodial property as that term is...

§58-1224. Application and construction. - The Oklahoma Uniform Transfers to Minors Act shall be applied...

§58-1225. Inapplicability of law to certain transfers - Effect. - To the extent that the Oklahoma Uniform Transfers to Minors...

§58-1251. Short title. - Sections 1 through 8 of this act shall be known...

§58-1252. Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed. - A. An interest in real estate may be titled in...

§58-1253. Transfer-on-death, form. - An interest in real estate is titled in transfer-on-death form...

§58-1254. Revocation or change of grantee beneficiary - Effect of will. - A. A designation of the grantee beneficiary may be revoked...

§58-1255. Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer. - A. Grantee beneficiaries of a transfer-on-death deed take the interest...

§58-1256. Effect of deed on joint tenancy – “Joint owner” defined. - A. A record joint owner of an interest in real...

§58-1257. Record owner considered absolute owner. - A record owner who executes a transfer-on-death deed remains the...

§58-1258. Transfer-on-death deed not considered testamentary disposition. - A deed in transfer-on-death form, executed in conformity with the...

§58-3001. Short title - Uniform Power of Attorney Act. - This act shall be known and may be cited as...

§58-3002. Definitions. - As used in this act: 1. "Agent" means a person...

§58-3003. Applicability. - This act applies to all powers of attorney except: 1....

§58-3004. Power of attorney is durable. - A power of attorney created under this act is durable...

§58-3005. Execution of power of attorney. - A power of attorney must be signed by the principal...

§58-3006. Validity of power of attorney. - A. A power of attorney executed in this state on...

§58-3007. Meaning and effect of power of attorney. - The meaning and effect of a power of attorney is...

§58-3008. Nomination of guardian – Relation of agent to court-appointed fiduciary. - A. In a power of attorney, a principal may nominate...

§58-3009. When power of attorney effective. - A. A power of attorney is effective when executed unless...

§58-3010. Termination of power of attorney or agent's authority. - A. A power of attorney terminates when: 1. The principal...

§58-3011. Coagents and successor agents. - A. A principal may designate two or more persons to...

§58-3012. Reimbursement and compensation of agent. - Unless the power of attorney otherwise provides, an agent is...

§58-3013. Acceptance as agent. - Except as otherwise provided in the power of attorney, a...

§58-3014. Agent's duties. - A. Notwithstanding provisions in the power of attorney, an agent...

§58-3015. Exoneration. - A provision in a power of attorney relieving an agent...

§58-3016. Judicial relief. - A. The following persons may petition a court to construe...

§58-3017. Agent's liability. - An agent that violates this act is liable to the...

§58-3018. Agent's resignation - Notice. - Unless the power of attorney provides a different method for...

§58-3019. Acceptance of and reliance upon acknowledged power of attorney. - A. For purposes of this section and Section 20 of...

§58-3020. Liability for refusal to accept acknowledged power of attorney. - A. Except as otherwise provided in subsection B of this...

§58-3021. Principles of law and equity. - Unless displaced by a provision of this act, the principles...

§58-3022. Laws applicable to financial institutions and entities. - This act does not supersede any other law applicable to...

§58-3023. Remedies under other law. - The remedies under this act are not exclusive and do...

§58-3024. Authority that requires specific grant – Grant of general authority. - A. An agent under a power of attorney may do...

§58-3025. Incorporation of authority. - A. An agent has authority described in this act if...

§58-3026. Construction of authority generally. - Except as otherwise provided in the power of attorney, by...

§58-3027. Real property. - Unless the power of attorney otherwise provides, language in a...

§58-3028. Tangible personal property. - Unless the power of attorney otherwise provides, language in a...

§58-3029. Stocks and bonds. - Unless the power of attorney otherwise provides, language in a...

§58-3030. Commodities and options. - Unless the power of attorney otherwise provides, language in a...

§58-3031. Banks and other financial institutions. - Unless the power of attorney otherwise provides, language in a...

§58-3032. Operation of entity or business. - Subject to the terms of a document or an agreement...

§58-3033. Insurance and annuities. - Unless the power of attorney otherwise provides, language in a...

§58-3034. Estates, trusts, and other beneficial interests. - A. In this section, "estate, trust or other beneficial interest"...

§58-3035. Claims and litigation. - Unless the power of attorney otherwise provides, language in a...

§58-3036. Personal and family maintenance. - A. Unless the power of attorney otherwise provides, language in...

§58-3037. Benefits from governmental programs or civil or military service. - A. In this section, "benefits from governmental programs or civil...

§58-3038. Retirement plans. - A. In this section, "retirement plan" means a plan or...

§58-3039. Taxes. - Unless the power of attorney otherwise provides, language in a...

§58-3040. Gifts. - A. In this section, a gift "for the benefit of"...

§58-3041. Statutory power of attorney form. - A document substantially in the following form may be used...

§58-3042. Agent's certification. - The following optional form may be used by an agent...

§58-3043. Uniformity of application. - In applying and construing this uniform act, consideration must be...

§58-3044. Relation to Electronic Signatures in Global and National Commerce Act. - This act modifies, limits and supersedes the federal Electronic Signatures...

§58-3045. Effect on existing powers of attorney. - Except as otherwise provided in this act, on the effective...

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Oklahoma Statutes Title 58. Probate Procedure

Oklahoma Statutes
Title 58. Probate Procedure