This act shall be known and may be cited as the Probate Reform Act of 1979.
Laws 1979, c. 258, § 1, eff. Oct. 1, 1979.
Structure Oklahoma Statutes
§58-1. Probate jurisdiction and venue of district court.
§58-6. Venue in certain cases.
§58-7. Jurisdiction coextensive with state.
§58-8. Transfer of old matters authorized.
§58-9. Transfers already made legalized.
§58-10. Transfer to county of domicile of minor or ward.
§58-11. Personal representative defined.
§58-21. Custodian of will to deliver same to district court.
§58-22. Who may petition court for proof of will.
§58-23. Requisites of petition for probate.
§58-24. Court may compel production of will by one having possession.
§58-24.1. Preservation of original will - Removal from custody.
§58-25. Hearing - Notice, how given.
§58-26. Heirs, legatees, devisees and executors to be given notice by mail.
§58-27. Powers of judge at chambers.
§58-28. Proof of notice - Waiver of notice.
§58-29. Contest before probate - Persons entitled.
§58-30. Admission on testimony of one subscribing witness.
§58-31. Olographic will, how proved.
§58-34. Mailing and proof of mailing - Persons authorized to make.
§58-41. Proceedings on contest.
§58-43. Witnesses on trial of contest - Depositions.
§58-44. Recording of testimony - Admissibility.
§58-51. Foreign wills recorded.
§58-52. Petition - Hearing - Notice - Summary administration.
§58-61. Causes for contesting will after probate.
§58-62. Citations issued to whom.
§58-63. Petition and notices when another will offered.
§58-64. Hearing and judgment - New will, admitting to probate.
§58-67. Probate conclusive, when.
§58-81. Proceedings in case of lost will.
§58-82. Special requisites of proof.
§58-83. Court's certificate - Filing - Letters testamentary.
§58-84. Restraint of former administration.
§58-91. Nuncupative wills, how proved.
§58-92. Nuncupative wills - Special requirements.
§58-93. Proceedings in contest.
§58-101. Letters to issue to executor or successor in interest of corporate executor.
§58-102. Who incompetent as executor.
§58-103. Failure of executors.
§58-104. Objections to issue of letters - Letters of administration with will annexed.
§58-105. Death of an executor.
§58-106. Executor disqualified by absence or minority.
§58-107. Two or more personal representatives.
§58-108. Presumed renunciation of executorship.
§58-109. Administrators with will annexed - Authority - Letters.
§58-110. Form of letters testamentary.
§58-111. Letters of administration with will annexed, form of.
§58-121. Letters of administration.
§58-122. Persons entitled to letters of administration.
§58-124. Where several equally entitled - Creditors.
§58-125. Letters to guardian of minor entitled.
§58-126. Who incompetent as administrator.
§58-127. Requisites of petition for administration.
§58-129. Contest of petition - Notice.
§58-130. Hearing of the petition - Order.
§58-131. Court entry as to proof conclusive.
§58-132. Letters granted to applicant where no contest.
§58-133. Proof of death intestate.
§58-134. Nomination of stranger by person entitled.
§58-135. Revocation in favor of person entitled.
§58-136. Notice of such petition.
§58-138. Surviving spouse - Assertion of prior right.
§58-162. Nonresident representative must appoint agent.
§58-171. Necessity and requisites of bond.
§58-174. Separate bond for each person - Exception.
§58-175. Successive recoveries on the bond.
§58-176. Justification of sureties - Approval of bond - Examination of sureties.
§58-177. Executor or administrator deposed when bond insufficient.
§58-179. Petition when bond insufficient - Further security.
§58-180. Issuance and service of citations.
§58-181. Hearing and order - New bond.
§58-182. Revocation of letters for failure to file new bond.
§58-184. Bond insufficient - Citation on personal knowledge of judge.
§58-185. Release, application by surety for - Issuance and service of citation.
§58-186. Release allowed, when.
§58-187. Refusal to give new sureties - Revocation of letters.
§58-188. Hearings out of term time.
§58-211. Special administrators appointed, when.
§58-212. How appointed - Notice.
§58-214. Bond and oath of special administrator.
§58-215. Duties of special administrator.
§58-216. Special administrator superseded by regular appointee.
§58-217. Account, special administrator must render.
§58-218. Letters of administration revoked on proof of will.
§58-219. Rights of executor or administrator with will annexed.
§58-220. Surviving executor or administrator - Duties.
§58-221. New administrator appointed, when.
§58-231. Resignation and settlement - Revoking letters.
§58-232. Acts before revocation of letters are valid.
§58-233. Proof of appointment.
§58-234. Duty of judge in case of embezzlement - Reports.
§58-235. Citation on suspension - Revocation of letters.
§58-236. Hearing of the issues.
§58-237. Attendance of executor or administrator may be compelled.
§58-238. Notice by publication, when.
§58-242. Probate of will as conclusive.
§58-243. Limitation of claims.
§58-245. Petition for summary administration - Conditions - Requirements.
§58-246. Petition for summary administration - Notice.
§58-247. Petition for summary administration - Hearing - Order.
§58-251. Powers and duties of executors and administrators.
§58-253. Action for waste, trespass and conversion.
§58-254. Certain actions against representatives.
§58-256. Action against predecessor.
§58-258. Compromise with debtors allowable.
§58-259. Fraudulent conveyances, recovery of.
§58-260. Creditors must secure costs.
§58-261. Sale of realty recovered.
§58-263. Conducting going business.
§58-264. Borrowing money to pay taxes - Mortgage or pledge of assets.
§58-266. Renewal or extension of time of payment.
§58-267. Validation of prior contracts.
§58-269. Executor or administrator - Powers.
§58-283. Oath of appraisers - Their duties.
§58-284. Inventory to contain account of monies - Appraisement unnecessary, when.
§58-285. Executor liable for debt to decedent.
§58-286. Bequest to executor or another debtor of his debt.
§58-288. Refusal to return inventory - Penalty - Revocation of letters.
§58-289. Additional inventory.
§58-293. Complaint on embezzlement - Citation.
§58-295. Account by third person entrusted with property.
§58-311. Property to be delivered to the family - Homestead.
§58-312. Exempt property also allowed family.
§58-313. Homestead exempt from debt or liability.
§58-314. Additional allowance for maintenance during settlement of estate.
§58-315. Allowance a preferred claim.
§58-316. Who entitled to property set apart.
§58-318. When widow has independent income.
§58-331. Notice to creditors to present claims.
§58-331.1. Identification of creditors.
§58-331.2. Mailing of notice to creditors - Personal delivery of notice.
§58-332. Affidavit of mailing or personal delivery.
§58-333. Bar of claims not presented in time - Exceptions.
§58-334. Signing of claim - Contents of claim - Proof of claim.
§58-335. Claims paid when not proved and allowed.
§58-336. Claim by district judge - Proceedings.
§58-337. Allowance and rejection of claims.
§58-338. Claims filed in court after allowance.
§58-339. Suit on rejected claim
§58-340. Claims barred by statute not allowed - Hearing before judge.
§58-341. Claim must be presented before suit.
§58-342. Vacancy in administration not included in limitation.
§58-344. Partial allowance of claim.
§58-345. Judgment only establishes claim.
§58-346. Judgments before death, how collected.
§58-347. Death between verdict and judgment.
§58-348. Reference of claim to third person.
§58-349. Duties of the referee - Proceedings.
§58-350. Costs against representative.
§58-351. Claim by personal representative.
§58-352. Neglect to give notice to creditors.
§58-354. Payment of interest-bearing claims not due.
§58-381. Property not exempt may be sold for debt.
§58-382. Sales - Reports - Confirmation by court.
§58-383. Petition for orders for sale
§58-384. Order of sale - Requirements.
§58-385. Authority to renew or extend mortgage or execute new mortgage.
§58-385.1. Verified petition by guardian - Contents - Limitations.
§58-385.2. Hearing on guardian's petition - Notice.
§58-385.3. Order for guardian to borrow money, execute mortgage, etc. - Additional bond - Approval.
§58-385a. Borrowing money - Mortgage of estate realty - Grant of authority by district court.
§58-385b. Petition - Contents - Time for filing - Limitations.
§58-385c. Hearing on petition - Notice.
§58-386. Notice of hearing on petition.
§58-387. What personal property may be sold without notice.
§58-389. Partnership interests, etc., may be sold.
§58-393. Payment or delivery of property to successor by affidavit.
§58-394. Discharge and release upon payment or delivery of property by affidavit.
§58-412. Application for sale of realty.
§58-413. Order for hearing on the petition.
§58-417. Sale of all rather than part of realty.
§58-419. Order, terms and method of the sale.
§58-420. Petition for sale by third person.
§58-421. Notice of sale at public auction.
§58-422. Place and time of sale.
§58-423. Private sale - Notice of - Bids.
§58-424. Relationship of sale price to appraisement - Exception of sale under authority of will.
§58-425. Security when sale is made on credit.
§58-426. Return of sale - Hearing.
§58-427. Objections to confirmation of return.
§58-428. Confirmation of sale - Resale, when.
§58-429. Conveyance and record - Effect of.
§58-430. Proof of notice before order.
§58-431. Postponement of sale.
§58-432. Notice of postponement.
§58-461. Provisions of the will must be followed.
§58-462. Sale of property under the will - Confirmation.
§58-462.1. Partition of property under the will - Sale
§58-463. When provisions of will are insufficient.
§58-471. Estate liable for debts.
§58-471.1. Liability as dependent on time of granting letters.
§58-472. Contribution from devisees and legatees.
§58-481. Contract for the purchase of lands may be sold.
§58-482. Terms of the sale of land contract.
§58-483. What bond must specify.
§58-484. Assignment of contract.
§58-485. Sale of land subject to mortgage.
§58-486. Holder of mortgage may purchase land.
§58-492. Fraudulent sale - Damages.
§58-493. Limitation of action to recover.
§58-494. Persons under disabilities excepted.
§58-496. Representative cannot be a purchaser.
§58-497. Contract with agent to procure purchaser.
§58-498. Sale on increased bid to purchaser not procured by agent holding contract.
§58-499. Sale on increased bid procured by agent.
§58-501. Representative to make deed under decedent's contract.
§58-502. Application and hearing.
§58-507. Effect of conveyance.
§58-509. Enforcement of decree.
§58-511. Decree may order possession.
§58-512. Transfer of property to governmental entities - Approval by district court.
§58-521. Promise to pay debts of decedent.
§58-522. Representative chargeable with whole estate.
§58-523. Representative shall not profit or lose.
§58-524. Representative not chargeable with uncollected debts.
§58-525. Expenses and compensation.
§58-526. Cannot purchase claims.
§58-527. Fees and commissions.
§58-541. Accounting - Waiver - Sufficiency.
§58-542. Citation upon failure.
§58-543. Petition by third person for accounting.
§58-544. Action upon petition.
§58-545. Contest of the exhibit - Examination.
§58-549. Letters revoked for continued failure.
§58-550. Vouchers or other proof of payment to accompany account.
§58-552. Notice of settlement of account.
§58-553. Date of hearing - Notice of final settlement.
§58-554. Exceptions to the account.
§58-556. Settlement conclusive - Exception.
§58-591. Order of payment of debts.
§58-592. Limit as to mortgage.
§58-594. When certain expenses paid.
§58-595. Order for the payment of debts.
§58-596. Payment of unmatured, contingent, or disputed claims.
§58-597. Liability of representative after order.
§58-598. Rights of creditors not included in order.
§58-611. Payment of legacies and distribution of estate - Extension of time for final settlement.
§58-612. Final account and settlement.
§58-613. Provisions applying to final settlement.
§58-621. Petition for legacy or share of estate.
§58-622. Notice of application - Waiver.
§58-623. Who may resist petition.
§58-624. Allowance of petition - Order.
§58-625. Assessment against legatee or devisee.
§58-632. Rights fixed by decree.
§58-632.1. Validation of decrees entered prior to January 1, 1941.
§58-632.2. Validation of decrees entered prior to January 1, 1951.
§58-632.3. Compliance with notice requirements - Form of final decree - Voidable decree.
§58-634. Petition and notice for decree of distribution.
§58-634.1. Judgment creditor of heir, legatee or devisee - Petition.
§58-635. Taxes paid before decree.
§58-652. Partition of common and undivided estates - Procedure.
§58-661. Settlement of advancements.
§58-671. Agent appointed for nonresident.
§58-672. Bond and allowances of agent.
§58-673. Sale of property unclaimed for a year.
§58-674. Agent to render account.
§58-675. Liability of agent on bond.
§58-676. Claimant of property.
§58-677. Petition by nonresident - Contents - Hearing - Objections.
§58-691. Discharge of representative.
§58-692. Property discovered after final settlement.
§58-692.1. Title to omitted property without subsequent letters.
§58-695. Death of minor - Disposition of moneys.
§58-701. Orders and decrees, requisites of.
§58-702. Publications, how made.
§58-703. Recorded decree is notice to all persons.
§58-704. Citation must contain what.
§58-706. Personal notice, how given.
§58-707. Time of service of citation.
§58-707.1. Persons who may serve - Proof of service.
§58-708. Description of real property in publication.
§58-709. Trials and findings - Judgments, how enforced.
§58-710. Attorney appointed by the court, when.
§58-711. Recording of judgment or decree or notice of judgment or decree relating to real property.
§58-712. Revocation of letters for contumacy.
§58-713. Proof of death of person in military, naval or maritime service - Time for distribution.
§58-714. Joinder of proceedings relating to different estates.
§58-715. Setting out or disclosing facts.
§58-716. Orders fixing date of hearing and notice thereof - Signing.
§58-718.1. Proceedings for appointment of executor or administrator - Notice to creditors.
§58-718.2. Accounting and distribution.
§58-718.3. Other papers, pleadings, and orders.
§58-718.4. Certified copies as evidence.
§58-719.1. Service of notices on Governor and Attorney General.
§58-719.2. Consent by Governor to sale of property of estate.
§58-721. Appealable judgments and orders of district court.
§58-722. Party in default may not appeal.
§58-723. Vacation of judgment.
§58-724. Probate appeals taken as appeals in other cases.
§58-731. Appeal does not stay issue of letters.
§58-732. Appeal does not stay order revoking letters, etc.
§58-741. Reversal for error does not affect lawful acts.
§58-901. District courts may approve deeds.
§58-902. Petition for approval - Requirements.
§58-903. Hearings in district court - Terms of sale.
§58-905. This law exclusive - Repeal of conflicting laws - Court rules.
§58-911. Petition for determination - Hearing - Notice - Order and decree - Filing.
§58-912. Termination of joint tenancy or life tenancy with remainder interest by affidavit.
§58-925. Order of court authorizing lease - Public auction - Notice.
§58-927. Validation of prior leases.
§58-928. Unitizing with adjacent lands.
§58-929.1. Sales and agreements by administrators and executors - Approval.
§58-929.2. Filing of verified applications for approval - Contents.
§58-929.3. Notice of hearing an application - Lands in other counties.
§58-929.4. Hearing - Appearances - Approval.
§58-929.5. Confirmation - Additional bond.
§58-932. Application and hearing on granting of easement - Notice - Approval.
§58-941. Presumption of death - Issuance of letters testamentary or of administration.
§58-942. Petition for letters - Venue.
§58-943. Contents of petition.
§58-944. Date for hearing - Notice - Proof of publication and mailing.
§58-945. Persons entitled to appear.
§58-961. Power to lease or extend lease - Term - Petition - Persons entitled to be heard.
§58-962. Setting for hearing - Notice - Finding - Order.
§58-963. Presentation of proposed lease to court - Review by court - Approval - Bond.
§58-1001. Disposition of property upon insufficient evidence of survivorship.
§58-1003. Joint tenants or tenants by the entirety.
§58-1005. Life or accident policies - Annuity contracts - Distribution of proceeds.
§58-1006. Inapplication in certain cases.
§58-1007. Construction and interpretation.
§58-1063. Supervised power of attorney.
§58-1081. Standards of conduct and liability.
§58-1102. Petition - Filing - Contents.
§58-1105. Final account - Filing - Requisites - Petition.
§58-1106. Final account and petition - Date, time and place - Notice - Hearing.
§58-1203. Applicability of law - Custodianship.
§58-1204. Nomination of custodian.
§58-1205. Irrevocable transfers to custodian.
§58-1206. Personal representatives or trustees - Irrevocable transfers to custodian.
§58-1208. Persons holding property of or owing debt to minor - Irrevocable transfers to custodian.
§58-1209. Acknowledgment of delivery.
§58-1210. Creation of custodial property - Transfers.
§58-1211. Limitations on transfers.
§58-1212. Validity and effect of transfers.
§58-1213. Powers and duties of custodians.
§58-1214. Rights, powers and authority of custodians over property.
§58-1215. Delivery or payment to minor - Expenditures for minor's benefit.
§58-1216. Expenses and compensation of custodian - Bond.
§58-1217. Persons dealing with purported custodian - Responsibilities.
§58-1218. Claims against custodial property - Liability of custodian or minor.
§58-1219. Successor or substitute custodian.
§58-1220. Accounting by custodian.
§58-1221. Minor's death or attainment of majority.
§58-1222. Transfer under other laws after effective date of act.
§58-1223. Transfers under other law prior to effective date.
§58-1224. Application and construction.
§58-1225. Inapplicability of law to certain transfers - Effect.
§58-1252. Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed.
§58-1253. Transfer-on-death, form.
§58-1254. Revocation or change of grantee beneficiary - Effect of will.
§58-1255. Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer.
§58-1256. Effect of deed on joint tenancy – “Joint owner” defined.
§58-1257. Record owner considered absolute owner.
§58-1258. Transfer-on-death deed not considered testamentary disposition.
§58-3001. Short title - Uniform Power of Attorney Act.
§58-3004. Power of attorney is durable.
§58-3005. Execution of power of attorney.
§58-3006. Validity of power of attorney.
§58-3007. Meaning and effect of power of attorney.
§58-3008. Nomination of guardian – Relation of agent to court-appointed fiduciary.
§58-3009. When power of attorney effective.
§58-3010. Termination of power of attorney or agent's authority.
§58-3011. Coagents and successor agents.
§58-3012. Reimbursement and compensation of agent.
§58-3013. Acceptance as agent.
§58-3018. Agent's resignation - Notice.
§58-3019. Acceptance of and reliance upon acknowledged power of attorney.
§58-3020. Liability for refusal to accept acknowledged power of attorney.
§58-3021. Principles of law and equity.
§58-3022. Laws applicable to financial institutions and entities.
§58-3023. Remedies under other law.
§58-3024. Authority that requires specific grant – Grant of general authority.
§58-3025. Incorporation of authority.
§58-3026. Construction of authority generally.
§58-3028. Tangible personal property.
§58-3030. Commodities and options.
§58-3031. Banks and other financial institutions.
§58-3032. Operation of entity or business.
§58-3033. Insurance and annuities.
§58-3034. Estates, trusts, and other beneficial interests.
§58-3035. Claims and litigation.
§58-3036. Personal and family maintenance.
§58-3037. Benefits from governmental programs or civil or military service.
§58-3041. Statutory power of attorney form.
§58-3042. Agent's certification.
§58-3043. Uniformity of application.
§58-3044. Relation to Electronic Signatures in Global and National Commerce Act.