Okla. Stat. tit. 58, § 58-1103 — OK Code / Title 58 / Section 58-1103
Hearing - Notice
Status: in_force

Upon filing of the petition, the court shall fix a time, place

and date for hearing the petition which date shall be not less than

ten (10) nor more than thirty (30) days from the filing of the

petition. Notice shall be given as provided by law for hearing of a

petition for probate or other wills. Proof of such notice shall be

made and filed as in other estate proceedings.
Okla. Stat. tit. 58, § 58-289 — OK Code / Title 58 / Section 58-289
Additional inventory
Status: in_force

Whenever property not mentioned in an inventory that is made and

filed, comes to the possession or knowledge of an executor or

administrator, he must cause the same to be appraised in the manner

prescribed in this article, and an inventory thereof to be returned

within two (2) months after the discovery; and the making of such

inventory may be enforced, after notice, by attachment or removal

from office.
Okla. Stat. tit. 58, § 58-498 — OK Code / Title 58 / Section 58-498
Sale on increased bid to purchaser not procured by agent
Status: in_force

holding contract.

In case of sale on an increased bid made at the time of

confirmation to a purchaser not procured by the agent holding the

contract, the court shall allow a commission on the full amount for

which the sale is confirmed, one-half (1/2) of said commission on

the original bid to be paid to the agent whose bid was returned to

the court for confirmation and the balance of the commission on the

Oklahoma Statutes - Title 58. Probate Procedure Page 90

purchase price to the agent, if any, who procured the purchaser to

whom the sale was confirmed.
Okla. Stat. tit. 58, § 58-31 — OK Code / Title 58 / Section 58-31
Olographic will, how proved
Status: in_force

An olographic will may be proved in the same manner that other

private writings are proved.
Okla. Stat. tit. 58, § 58-901 — OK Code / Title 58 / Section 58-901
District courts may approve deeds
Status: in_force

Jurisdiction is hereby conferred upon the district courts of

this state to approve the deeds of adult full-blood Indians

conveying their inherited lands as now provided by the laws of the

United States.
Okla. Stat. tit. 58, § 58-3009 — OK Code / Title 58 / Section 58-3009
When power of attorney effective
Status: in_force

A. A power of attorney is effective when executed unless the

principal provides in the power of attorney that it becomes

effective at a future date or upon the occurrence of a future event

or contingency.

B. If a power of attorney becomes effective upon the occurrence

of a future event or contingency, the principal, in the power of

attorney, may authorize one or more persons to determine in a

writing or other record that the event or contingency has occurred.

C. If a power of attorney becomes effective upon the

principal's incapacity and the principal has not authorized a person

to determine whether the principal is incapacitated, or the person

authorized is unable or unwilling to make the determination, the

power of attorney becomes effective upon a determination in a

writing or other record by:

1. A physician or licensed psychologist that the principal is

incapacitated within the meaning of subparagraph a of paragraph 5 of

Section 2 of this act; or

2. An attorney at law, a judge or an appropriate governmental

official that the principal is incapacitated within the meaning of

subparagraph b of paragraph 5 of Section 2 of this act.

D. A person authorized by the principal in the power of

attorney to determine that the principal is incapacitated may act as

the principal's personal representative pursuant to the Health

Insurance Portability and Accountability Act, Sections 1171 through

1179 of the Social Security Act, 42 U.S.C., Section 1320d, as

amended, and applicable regulations, to obtain access to the

principal's health care information and communicate with the

principal's health care provider.
Okla. Stat. tit. 58, § 58-180 — OK Code / Title 58 / Section 58-180
Issuance and service of citations
Status: in_force

If the judge is satisfied that the matter requires

investigation, a citation must be issued to the executor or

administrator, requiring him to appear, at a time and place to be

therein specified to show cause why he should not give further

security. Notice of the citation together with a copy thereof must

be mailed by certified mail to the executor or administrator and his

attorney of record, if any, at least five (5) days before the return

day. If he has absconded, or cannot be found, it may be served by

leaving a copy of it at his last place of residence, or by such

publication as the judge may order.
Okla. Stat. tit. 58, § 58-3020 — OK Code / Title 58 / Section 58-3020
Liability for refusal to accept acknowledged power of
Status: in_force

attorney.

A. Except as otherwise provided in subsection B of this

section:

1. A person shall either accept an acknowledged power of

attorney or request a certification, a translation or an opinion of

counsel under subsection D of Section 19 of this act no later than

seven (7) business days after presentation of the power of attorney

for acceptance;

2. If a person requests a certification, a translation or an

opinion of counsel under subsection D of Section 19 of this act, the

person shall accept the power of attorney no later than five (5)

business days after receipt of the certification, translation or

opinion of counsel; and

3. A person may not require an additional or different form of

power of attorney for authority granted in the power of attorney

presented.

B. A person is not required to accept an acknowledged power of

attorney if:

1. The person is not otherwise required to engage in a

transaction with the principal in the same circumstances;

2. Engaging in a transaction with the agent or the principal in

the same circumstances would be inconsistent with federal law;

3. The person has actual knowledge of the termination of the

agent's authority or of the power of attorney before exercise of the

power;

4. A request for a certification, a translation or an opinion

of counsel under subsection D of Section 19 of this act is refused;

5. The person in good faith believes that the power is not

valid or that the agent does not have the authority to perform the

Oklahoma Statutes - Title 58. Probate Procedure Page 172

act requested, whether or not a certification, a translation or an

opinion of counsel under subsection D of Section 19 of this act has

been requested or provided; or

6. The person makes, or has actual knowledge that another

person has made, a report to the Adult Protective Services office

stating a good-faith belief that the principal may be subject to

physical or financial abuse, neglect, exploitation or abandonment by

the agent or a person acting for or with the agent.

C. A person that refuses in violation of this section to accept

an acknowledged power of attorney is subject to:

1. A court order mandating acceptance of the power of attorney;

and

2. Liability for reasonable attorney fees and costs incurred in

any action or proceeding that confirms the validity of the power of

attorney or mandates acceptance of the power of attorney.
Okla. Stat. tit. 58, § 58-318 — OK Code / Title 58 / Section 58-318
When widow has independent income
Status: in_force

If the widow has a maintenance derived from her own property

equal to the portion set apart to her by the preceding sections of

Oklahoma Statutes - Title 58. Probate Procedure Page 60

this article, the whole property so set apart, other than her right

in the homestead, must go to the minor children.
Okla. Stat. tit. 58, § 58-497 — OK Code / Title 58 / Section 58-497
Contract with agent to procure purchaser
Status: in_force

The district court may authorize the executor or administrator

of any estate to enter into a written contract with any bona fide

agent to secure a purchaser for any real or personal property of the

estate, which contract shall provide for the payment to such agent,

out of the proceeds of a sale to any purchaser secured by him, of a

commission, the amount of which must be fixed and allowed by the

court upon confirmation of the sale; and when said sale is confirmed

to such purchaser, such contract shall be binding and valid as

against the estate for the amount so allowed by the court. By the

execution of any such contract no personal liability shall attach to

the executor or administrator, and no liability of any kind shall be

incurred by the estate unless an actual sale is made and confirmed

by the court.
Okla. Stat. tit. 58, § 58-719.2 — OK Code / Title 58 / Section 58-719.2
Consent by Governor to sale of property of estate
Status: in_force

In any proceeding for the administration of the estate of a

deceased person, whether testate or intestate, wherein it appears

that the State of Oklahoma is, or may be, entitled to share in the

distribution of such estate, the Governor of the State of Oklahoma

is hereby authorized and empowered, in his sole discretion, to

object, or to consent, upon behalf of the State of Oklahoma as such

interested party, to the sale of any real or personal property

belonging to such estate.
Okla. Stat. tit. 58, § 58-292 — OK Code / Title 58 / Section 58-292
Embezzlement before issue of letters - Civil liability -
Status: in_force

Exemption for financial institutions with valid security interests.

A. If any person, before the granting of letters testamentary

or of administration, embezzles or alienates any of the monies,

goods, chattel or effects of a decedent, the person is chargeable

therewith, and liable to an action by the executor or administrator

of the estate, for double the value of the property so embezzled or

alienated, to be recovered for the benefit of the estate.

Oklahoma Statutes - Title 58. Probate Procedure Page 56

B. This section, however, shall not apply to any financial

institution which has a valid security interest in the goods or

chattel of the decedent and which has commenced or is about to

commence repossession of the decedent’s goods and chattel after

default. The financial institution shall use diligent efforts to

notify the heirs and personal representative of the decedent, by

certified mail return receipt requested, of the repossession. The

notice to the heirs and personal representative shall contain the

amount of the debt secured by the goods or chattel as well as the

expenses reasonably incurred by the secured party in retaking,

holding and preparing the collateral for disposition, in arranging

for the sale, and, to the extent provided in the agreement and not

prohibited by law, their reasonable attorneys’ fees and legal

expenses. After receipt of the notice, the heirs and personal

representative shall have twenty (20) days to redeem the goods or

chattel by tendering to the secured party the full amount listed in

the notice. If there are no heirs and personal representative, or

if the notice to the heirs and personal representative by certified

mail is returned undelivered, then the secured party may dispose of

the repossessed goods or chattel as soon as practicable.
Okla. Stat. tit. 58, § 58-905 — OK Code / Title 58 / Section 58-905
This law exclusive - Repeal of conflicting laws - Court
Status: repealed

rules.

The provisions of this act shall constitute the exclusive law

governing the procedure relative to the conveyance of inherited

lands by adult full-blood Indian heirs. All provisions of law

heretofore enacted in conflict herewith are hereby repealed and set

aside, and no court shall have the power to promulgate or enforce

any rules in conflict with this act.
Okla. Stat. tit. 58, § 58-186 — OK Code / Title 58 / Section 58-186
Release allowed, when
Status: in_force

If new sureties be given to the satisfaction of the judge, he

may thereupon make and enter an order that the sureties who applied

for relief shall not be liable on their bond for any subsequent act,

default or misconduct of the executor or administrator.
Okla. Stat. tit. 58, § 58-1212 — OK Code / Title 58 / Section 58-1212
Validity and effect of transfers
Status: in_force

A. The validity of a transfer made in a manner prescribed in

the Oklahoma Uniform Transfers to Minors Act is not affected by:

1. failure of the transferor to comply with subsection C of

Section 10 of this act concerning possession and control;

or

2. designation of an ineligible custodian, except designation

of the transferor in the case of property for which the

transferor is ineligible to serve as custodian pursuant to

the provisions of subsection A of Section 10 of this act;

or

3. death or incapacity of a person nominated pursuant to the

provisions of Section 4 of this act or designated according

to the provisions of Section 10 of this act as custodian or

the disclaimer of the office by that person.

B. A transfer made pursuant to the provisions of Section 10 of

this act is irrevocable, and the custodial property is indefeasibly

vested in the minor, but the custodian has all the rights, powers,

duties, and authority provided for in the Oklahoma Uniform Transfers

to Minors Act, and neither the minor nor the minor's legal

representative has any right, power, duty, or authority with respect

to the custodial property except as provided for in the Oklahoma

Uniform Transfers to Minors Act.

C. By making a transfer, the transferor incorporates in the

disposition all the provisions of the Oklahoma Uniform Transfers to

Minors Act and grants to the custodian, and to any third person

dealing with a person designated as custodian, the respective

powers, rights, and immunities provided for in the Oklahoma Uniform

Transfers to Minors Act.
Okla. Stat. tit. 58, § 58-26 — OK Code / Title 58 / Section 58-26
Heirs, legatees, devisees and executors to be given notice
Status: in_force

by mail.

Written or printed copies of the notice of the time appointed

for the probate of the will, must be addressed to the heirs,

legatees and devisees of the testator, at their places of residence,

if known to the petitioner, and deposited in the post office, with

the postage thereon prepaid by the petitioner, at least ten (10)

days before the hearing; the notice must be issued by the judge over

the seal of the court. Proof of the mailing of the notice must be

made at the hearing; the same notice and proof of service thereof on

the person named as executor must be made if he be not the

petitioner; also on any person named as coexecutor, not petitioning,

if his place of residence be known.
Okla. Stat. tit. 58, § 58-175 — OK Code / Title 58 / Section 58-175
Successive recoveries on the bond
Status: in_force

The bond shall not be void upon the first recovery, but may be

sued and recovered upon from time to time, by any person aggrieved,

in his own name, until the whole penalty is exhausted.
Okla. Stat. tit. 58, § 58-3004 — OK Code / Title 58 / Section 58-3004
Power of attorney is durable
Status: in_force

A power of attorney created under this act is durable unless it

expressly provides that it is terminated by the incapacity of the

principal.
Okla. Stat. tit. 58, § 58-177 — OK Code / Title 58 / Section 58-177
Executor or administrator deposed when bond insufficient
Status: in_force

If sufficient security be not given within the time fixed by the

judge's order, the right of such executor or administrator to the

administration shall cease, and the person next entitled to the

administration on the estate, who will execute a sufficient bond,

must be appointed to the administration.
Okla. Stat. tit. 58, § 58-927 — OK Code / Title 58 / Section 58-927
Validation of prior leases
Status: in_force

Any proceedings heretofore, and since April 24, 1935, had in any

district court in connection with the sale and execution of an oil,

gas or other mineral lease by an administrator, executor or

guardian, and any such lease sold and executed in pursuance thereof,

which proceedings and lease are in substantial conformity herewith,

are hereby declared to be valid the same as if this act had been in

force at the date of said proceedings and lease.
Okla. Stat. tit. 58, § 58-181 — OK Code / Title 58 / Section 58-181
Hearing and order - New bond
Status: in_force

On the return of the citation, or at such other time as the

judge may appoint, he must proceed to hear the proofs and

allegations of the parties. If it satisfactorily appears that the

security is from any cause insufficient, he may make an order

requiring the executor or administrator to give further security, or

to file a new bond, in the usual form, within a reasonable time, not

less than five (5) days.
Okla. Stat. tit. 58, § 58-491 — OK Code / Title 58 / Section 58-491
Misconduct in sale
Status: in_force

If there is any neglect or misconduct in the proceedings of the

executor or administrator in relation to any sale, by which any

person interested in the estate suffers damage, the party aggrieved

may recover the same in an action upon the bond of the executor or

administrator or otherwise.
Okla. Stat. tit. 58, § 58-383 — OK Code / Title 58 / Section 58-383
Petition for orders for sale
Status: in_force

All petitions for orders of sale must be in writing, setting

forth the facts showing the sale to be supported by good cause, and

upon the hearing, any person interested in the estate may file his

written objections, which must be heard and determined. A failure

to set forth the facts showing the sale to be supported by good

cause will not invalidate the subsequent proceedings, if the defect

be supplied by the proofs at the hearing, and the general facts

showing good cause be stated in the order directing the sale.
Okla. Stat. tit. 58, § 58-394 — OK Code / Title 58 / Section 58-394
Discharge and release upon payment or delivery of property
Status: in_force

by affidavit.

The person paying, delivering, transferring, or issuing personal

property or the evidence thereof to the successor or successors

named in the affidavit is discharged and released to the same extent

as if the person dealt with a personal representative of the

decedent. Such person is not required to inquire into the truth of

any statement in the affidavit. If any person to whom an affidavit

is delivered refuses to pay, deliver, transfer, or issue any

personal property or evidence thereof, it may be recovered or its

payment, delivery, transfer, or issuance compelled upon proof of

their right in a proceeding brought for the purpose by or on behalf

of the persons entitled thereto. Any person to whom payment,

delivery, transfer, or issuance is made is answerable and

accountable therefor to any personal representative of the estate or

to any other person having a superior right.
Okla. Stat. tit. 58, § 58-543 — OK Code / Title 58 / Section 58-543
Petition by third person for accounting
Status: in_force

Any person interested in the estate may, at any time before the

final settlement of accounts, present his petition to the judge of

the district court, praying that the executor or administrator be

required to appear and render such exhibit, setting forth the facts

showing that it is necessary and proper that such an exhibit should

be made.

Oklahoma Statutes - Title 58. Probate Procedure Page 95
Okla. Stat. tit. 58, § 58-243 — OK Code / Title 58 / Section 58-243
Limitation of claims
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 44

All creditors having claims against the decedent shall present

their claims, as provided in Sections 333 and 334 of this title, by

the presentment date stated in the notice to creditors or combined

notice or the same will be forever barred.
Okla. Stat. tit. 58, § 58-1256 — OK Code / Title 58 / Section 58-1256
Effect of deed on joint tenancy – “Joint owner” defined
Status: in_force

A. A record joint owner of an interest in real estate may use

the procedures in the Nontestamentary Transfer of Property Act to

title the interest in transfer-on-death form. However, title to the

interest shall vest in the designated grantee beneficiary or

beneficiaries only if the record joint owner is the last to die of

all of the record joint owners of the interest. A deed in transfer-

on-death form shall not sever a joint tenancy.

B. As used in this section, "joint owner" means a person who

owns an interest in real estate as a joint tenant with right of

survivorship.
Okla. Stat. tit. 58, § 58-347 — OK Code / Title 58 / Section 58-347
Death between verdict and judgment
Status: in_force

A judgment rendered against a decedent, dying after verdict or

decision on an issue of fact, but before judgment is rendered

thereon, is not a lien on the real property of the decedent, but is

payable in due course of administration.
Okla. Stat. tit. 58, § 58-290 — OK Code / Title 58 / Section 58-290
Rights and duties of representative - Possession of property - Homestead - Heirs, actions
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 3property - Homestead - Heirs, actions by.

The executor or administrator is entitled to the possession of

all the real and personal estate of the decedent, and to receive the

rents and profits of the real estate, except the realty and

improvements thereon properly belonging to the homestead, and such

personal property as is reserved by law to the widow and children of

the decedent, or either of them until the estate is settled or

delivered over by order of the district court to the heirs or

devisees; and he must keep in good tenantable repair all houses,

buildings, and fixtures thereon, which are under his control. The

heirs or devisees may themselves, or jointly with the executor or

administrator, maintain an action for the possession of the real

estate, or for the purpose of quieting title to the same, against

anyone except the executor or administrator.
Okla. Stat. tit. 58, § 58-503 — OK Code / Title 58 / Section 58-503
Hearing
Status: in_force

At the time and place appointed for the hearing, or at such

other time to which the same may be postponed, upon satisfactory

proof, by affidavit or otherwise, of proper mailing and publication

of notice, as required by the preceding sections, the court shall

conduct said hearing, and the heirs at law, devisees and legatees of

the decedent and all persons interested in the estate, may appear

Oklahoma Statutes - Title 58. Probate Procedure Page 91

and contest such application, and the court may examine, under oath,

the applicant and all other persons who come before the court for

that purpose.
Okla. Stat. tit. 58, § 58-259 — OK Code / Title 58 / Section 58-259
Fraudulent conveyances, recovery of
Status: in_force

When there is a deficiency of assets in the hands of the

executor or administrator, and when the decedent, in his lifetime,

has conveyed any real estate, or any rights or interests therein,

with intent to defraud his creditors, or to avoid any right, debt or

Oklahoma Statutes - Title 58. Probate Procedure Page 49

duty of any person, or has so conveyed such estate that by law the

deeds or conveyances are void as against creditors, the executor or

administrator must commence and prosecute to final judgment any

proper action for the recovery of the same, and may recover for the

benefit of the creditors all such real estate so fraudulently

conveyed; and he may also, for the benefit of the creditors, sue and

recover all goods, chattels, rights or credits which have been so

conveyed by the decedent in his lifetime, whatever may have been the

manner of such fraudulent conveyance.
Okla. Stat. tit. 58, § 58-29 — OK Code / Title 58 / Section 58-29
Contest before probate - Persons entitled
Status: in_force

Any person interested may appear and contest the will. Devisees,

legatees or heirs of an estate may contest the will through their

guardians or attorneys appointed by themselves, or by the court for

that purpose; but a contest made by an attorney appointed by the

court does not bar a contest, after probate, by the party so

represented, if commenced within three (3) months from the date the

will was admitted to probate; nor does the nonappointment of an

attorney by the court of itself invalidate the probate of a will.
Okla. Stat. tit. 58, § 58-702 — OK Code / Title 58 / Section 58-702
Publications, how made
Status: in_force

When any publication is ordered, such publication must be made

daily or otherwise, as often during the prescribed period as the

paper is regularly issued, unless otherwise provided in this

chapter. The court or judge may, however, order a less number of

publications during the period. And in all cases where notice is

required by this chapter to be given by publication, the petitioner,

administrator, executor or guardian may designate the newspaper in

which such notice is to be published.
Okla. Stat. tit. 58, § 58-64 — OK Code / Title 58 / Section 58-64
Hearing and judgment - New will, admitting to probate
Status: in_force

At the time appointed for showing cause, or at any time to which

the hearing is postponed, personal service of the citations having

been made upon the persons named therein, and the required

publication, posting and service of the notices having been made,

and all duly proved, the court must proceed to try the issues joined

in the same manner as in an original contest of a will. If upon

hearing the proofs of the parties the court shall decide that the

will is, for any of the reasons alleged, invalid, or that it is not

proved to be the last will of the testator, the probate must be

annulled and revoked; and if the court shall decide that the new

will is valid, it may admit the same to probate in the same manner

as originally upon the probate of a contested will.
Okla. Stat. tit. 58, § 58-3119 — OK Code / Title 58 / Section 58-3119
Severability
Status: in_force

If any provision of this act or its application to any person or

circumstance is held invalid, the invalidity does not affect other

provisions or applications of this act which can be given effect

without the invalid provision or application, and to this end the

provisions of this act are severable.
Okla. Stat. tit. 58, § 58-10 — OK Code / Title 58 / Section 58-10
Transfer to county of domicile of minor or ward
Status: in_force

In any case where it is shown to the court that the domicile of

a minor or ward has been changed from the county where the

guardianship is pending to another county in this state, the

guardianship may, upon application verified by oath, after notice

has been given to the next of kin of such minor or ward and upon

good cause shown, be removed to such other county, which would be

the proper venue, in the manner and upon the conditions prescribed

Oklahoma Statutes - Title 58. Probate Procedure Page 14

in the second preceding section for the transfer of suits, matters

or proceedings if the court finds that the domicile of the minor or

ward has been changed in good faith and that such transfer would be

for the best interest of such minor or ward.
Okla. Stat. tit. 58, § 58-718.3 — OK Code / Title 58 / Section 58-718.3
Other papers, pleadings, and orders
Status: in_force

He shall also record any other papers, pleadings and orders

which the court shall order recorded.
Okla. Stat. tit. 58, § 58-902 — OK Code / Title 58 / Section 58-902
Petition for approval - Requirements
Status: in_force

All petitions for the approval of deeds to lands inherited by

full-blood Indian heirs shall be verified by one or more grantors,

and shall contain the following information:

The names of all grantors and grantees.

The description of the land to be conveyed.

The character and extent of the interest to be conveyed.

The roll number and quantum of blood of the grantor and

decedent.

The permanent residence of the decedent at the time of death.

The relationship of each grantor to the decedent and the names

and relationship to the decedent of each heir who is not a grantor.
Okla. Stat. tit. 58, § 58-336 — OK Code / Title 58 / Section 58-336
Claim by district judge - Proceedings
Status: in_force

The judge of the district court may present a claim against the

estate of a decedent, for allowance, to the executor or

administrator thereof; and if the executor or administrator allows

or rejects the claim, he must, in writing, present the same to the

county clerk of the county, who shall thereupon be substituted in

the settlement of said estate in place of the judge of the district

court, as provided by law, and the judge of the district court

presenting such claim, in case of its rejection by the executor or

administrator, or by such county clerk, acting as judge, has the

same right to sue in a proper court for its recovery as other

persons have when their claims against an estate are rejected.
Okla. Stat. tit. 58, § 58-706 — OK Code / Title 58 / Section 58-706
Personal notice, how given
Status: in_force

When a personal notice is required, and no mode of giving it is

prescribed in this chapter, it must be given by citation.
Okla. Stat. tit. 58, § 58-332 — OK Code / Title 58 / Section 58-332
Affidavit of mailing or personal delivery
Status: in_force

After notice is given as required by Section 331 of this title,

an affidavit of mailing and, if applicable, of personal delivery,

and an affidavit of publication must be filed with the district

court clerk. The affidavit of mailing, and, if applicable, of

personal delivery, shall be made by the personal representative and

shall state words to the effect that the personal representative

personally, or by and through the personal representative's

attorney, mailed notice by first-class mail to all creditors of the

decedent known to the personal representative on the date said

notice was filed with the district court clerk for the county in

which the probate is pending. Said affidavit shall also state the

identities and last-known addresses of such creditors and the date

said notice was mailed or delivered. If the decedent had no known

creditors or had one or more creditors whose addresses were not

known to the personal representative as of the date said notice was

filed, there shall be filed an affidavit of the personal

representative to the effect that nomailing is required and the

reasons therefor.
Okla. Stat. tit. 58, § 58-634.1 — OK Code / Title 58 / Section 58-634.1
Judgment creditor of heir, legatee or devisee -
Status: in_force

Petition.

A judgment creditor of an heir, legatee or devisee of an estate

shall, in addition to any other remedies now or hereafter provided

by law, have the right to petition in probate for total distribution

of the estate in the same manner and to the same extent that any

person interested in the estate may do under the probate procedure.

For the purpose of this act, a judgment creditor means a person who

has reduced his claim to a final judgment.
Okla. Stat. tit. 58, § 58-723 — OK Code / Title 58 / Section 58-723
Vacation of judgment
Status: in_force

A person interested in the estate or funds affected by the

decree or order, who was not a party to the special proceeding in

which it was made, but who was entitled by law to be heard therein,

upon his application, or who has acquired, since the decree or order

was made, a right or interest which would have entitled him to be

heard, if it had been previously acquired, may move to reopen the

judgment within thirty (30) days from the date of the decree or

order. The facts which entitle such person to vacate the judgment

must be shown by an affidavit which must be filed with the motion to

vacate.
Okla. Stat. tit. 58, § 58-182 — OK Code / Title 58 / Section 58-182
Revocation of letters for failure to file new bond
Status: in_force

If the executor or administrator neglects to comply with the

order within the time prescribed, the judge must, by order, revoke

his letters, and his authority must thereupon cease.
Okla. Stat. tit. 58, § 58-187 — OK Code / Title 58 / Section 58-187
Refusal to give new sureties - Revocation of letters
Status: in_force

If the executor or administrator neglects or refuses to give new

sureties, to the satisfaction of the judge, on the return of the

citation, or within such reasonable time as the judge shall allow,

unless the surety making the application shall consent to a longer

extension of time, the judge must, by order, revoke his letters.
Okla. Stat. tit. 58, § 58-553 — OK Code / Title 58 / Section 58-553
Date of hearing - Notice of final settlement
Status: in_force

Every account for the final settlement and petition for

distribution of an estate shall stand for hearing at a date to be

fixed by the court, not less than twenty (20) days after the filing

thereof; and notice of such hearing shall be given by mailing

written or printed copies of the notice of such hearing to the

heirs, legatees and devisees whose addresses are known, and

Oklahoma Statutes - Title 58. Probate Procedure Page 97

deposited in the post office with the postage thereon prepaid, at

least ten (10) days before the hearing, and said notice of such

hearing shall also be given by publication once each week for two

(2) consecutive weeks in a newspaper published in the county,

showing the name of the decedent and of the executor or

administrator, the date of the hearing, and that such account is for

final settlement and distribution: Provided, any number of accounts

may be included in one notice and the cost of publication thereof

divided among the estates whose settlements are advertised therein.
Okla. Stat. tit. 58, § 58-3112 — OK Code / Title 58 / Section 58-3112
Disclosure of electronic communications content to
Status: in_force

trustee that is not an original user.

Unless otherwise ordered by the court, directed by the user, or

provided in a trust, a custodian shall disclose to a trustee that is

not an original user of an account the content of an electronic

communication sent or received by an original or successor user and

carried, maintained, processed, received, or stored by the custodian

in the account of the trust if the trustee gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the trust instrument that includes

consent to disclosure of the content of electronic communications to

the trustee;

3. A certification by the trustee, under penalty of perjury,

that the trust exists and the trustee is a currently acting trustee

of the trust; and

4. If requested by the custodian:

a. a number, username, address, or other unique

subscriber or account identifier assigned by the

custodian to identify the trust's account, or

b. evidence linking the account to the trust.
Okla. Stat. tit. 58, § 58-235 — OK Code / Title 58 / Section 58-235
Citation on suspension - Revocation of letters
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 40

When such suspension is made, notice thereof must be given to

the executor or administrator, and he must be cited to appear and

show cause why his letters should not be revoked. If he fail to

appear in obedience to the citation, or, if appearing, the court is

satisfied there exists cause for his removal, his letters must be

revoked, and letters of administration granted anew as the case may

require.
Okla. Stat. tit. 58, § 58-426 — OK Code / Title 58 / Section 58-426
Return of sale - Hearing
Status: in_force

Except when a sale is made pursuant to Section 239 of this

title, the executor or administrator, after making any sale of real

property, must file a sworn return of his proceedings in the court.

The court must fix the day for the hearing of such return, and give

at least ten (10) days' notice thereof by one publication in a

newspaper in each county in which any part of the real property

sold is situated and in the county where the order was made, and by

mailing a copy of said notice to all heirs, legatees and devisees of

the decedent whose addresses are known, which notice must briefly

describe the real property sold, the sum for which it was sold and

the name of the purchaser, and must refer to the return for further

particulars. Upon the hearing, the court must examine the return

and witnesses in relation to the same, and if the proceedings were

unfair, or the sum bid disproportionate to the value, and if it

appears that a sum exceeding such bid at least ten percent (10%),

exclusive of the expenses of a new sale, may be obtained, the court

may vacate the sale and direct another to be had, of which notice

must be given, and the sale in all respects conducted as if no

previous sale had taken place; if an offer of ten percent (10%) more

in amount than that named in the return be made to the court in

writing, by a responsible person, it is in the discretion of the

court to accept such offer and confirm the sale to such person or to

order a new sale.
Okla. Stat. tit. 58, § 58-3006 — OK Code / Title 58 / Section 58-3006
Validity of power of attorney
Status: in_force

A. A power of attorney executed in this state on or after the

effective date of this act is valid if its execution complies with

Section 5 of this act.

B. A power of attorney executed in this state before the

effective date of this act is valid if its execution complied with

the law of this state as it existed at the time of execution.

C. A power of attorney executed other than in this state is

valid in this state if, when the power of attorney was executed, the

execution complied with:

1. The law of the jurisdiction that determines the meaning and

effect of the power of attorney pursuant to Section 7 of this act;

or

2. The requirements for a military power of attorney pursuant

to 10 U.S.C., Section 1044b, as amended.

D. Except as otherwise provided by statute other than this act,

a photocopy or electronically transmitted copy of an original power

of attorney has the same effect as the original.
Okla. Stat. tit. 58, § 58-707 — OK Code / Title 58 / Section 58-707
Time of service of citation
Status: in_force

When no other time is specially prescribed in this chapter,

citations must be served at least five (5) days before the day set

for the hearing.
Okla. Stat. tit. 58, § 58-262 — OK Code / Title 58 / Section 58-262
Foreign executors and administrators - Right of action -
Status: in_force

Proof of authority - Security - Release of mortgages.

It shall be lawful for any person or persons to whom letters

testamentary or of administration have been granted, by the proper

authority in any of the United States or the territories thereof, to

maintain or defend any suit or action, and to prosecute and recover

any claim in the courts of the State of Oklahoma, in the same manner

as if the letters testamentary or of administration had been granted

to such person by the proper authority in this state, and the

letters testamentary or of administration, or a copy thereof,

certified under the seal of the authority granting the same, shall

be sufficient evidence to prove the granting thereof, and that the

person therein named has administration; Provided, that the courts

in which any action may be brought by any nonresident executor or

administrator shall have power, and such power is hereby given to

the said court, upon motion, to require from such person the

security required by law in a like case from a resident

Oklahoma Statutes - Title 58. Probate Procedure Page 50

administrator or executor; Provided, further, that such executor or

administrator shall have the authority to release mortgages in this

state upon filing with the county clerk of the county in which such

mortgage is recorded a showing properly certified to that such

executor or administrator is the duly qualified and acting executor

or administrator of such estate.
Okla. Stat. tit. 58, § 58-413 — OK Code / Title 58 / Section 58-413
Order for hearing on the petition
Status: in_force

If it appears to the court or judge, from such petition, that it

is necessary to sell the whole or some portion of such real estate

for the purposes and reasons mentioned in this title, such petition

must be filed and an order thereupon made, directing all persons

interested in the estate to appear before the court, at a time and

place specified, not less than ten (10) days nor more than four (4)

weeks from the time of making such order, to show cause why an order

should not be made authorizing the executor or administrator to sell

so much of the real estate of the decedent as is necessary.
Okla. Stat. tit. 58, § 58-509 — OK Code / Title 58 / Section 58-509
Enforcement of decree
Status: in_force

The recording of any decree, as provided in the preceding

section, shall not prevent the court which entered the decree from

enforcing the same by other process.
Okla. Stat. tit. 58, § 58-312 — OK Code / Title 58 / Section 58-312
Exempt property also allowed family
Status: in_force

In addition to the property mentioned in the preceding section,

there shall also be allowed and set apart to the surviving wife or

husband, or the minor child or children of the decedent, all such

personal property or money as is exempt by law from levy and sale on

execution or other final process from any court, to be, with the

homestead, possessed and used by them, and no such property shall be

liable for any prior debts or claims against the decedent, except,

when there are no assets thereunto available, for the payment of the

necessary expenses of his last illness, funeral charges and expenses

of administration.
Okla. Stat. tit. 58, § 58-104 — OK Code / Title 58 / Section 58-104
Objections to issue of letters - Letters of administration
Status: in_force

with will annexed.

Any person interested in a will may file objections in writing,

to granting letters testamentary to the persons named as executors,

or any of them; and the objections must be heard and determined by

the court. A petition may at the same time, be filed for letters of

administration, with will annexed.
Okla. Stat. tit. 58, § 58-3021 — OK Code / Title 58 / Section 58-3021
Principles of law and equity
Status: in_force

Unless displaced by a provision of this act, the principles of

law and equity supplement this act.
Okla. Stat. tit. 58, § 58-716 — OK Code / Title 58 / Section 58-716
Orders fixing date of hearing and notice thereof -
Status: in_force

Signing.

Whenever the probate code requires that an order setting date of

hearing and giving notice thereof be signed by a judge, the chief

judge in the county may by judicial order provide that such order or

Oklahoma Statutes - Title 58. Probate Procedure Page 118

notice may be signed by the court clerk or his deputy affixing his

signature beneath the place where the judge's name appears followed

with the word "by;" and then followed with the signing officer's

title. Where both an order and notice as to any particular act

provided for in this title are required, allowed, or authorized by

law or by order of the court, said order and notice may be combined

in one document.
Okla. Stat. tit. 58, § 58-1204 — OK Code / Title 58 / Section 58-1204
Nomination of custodian
Status: in_force

A. A person having the right to designate the recipient of

property transferable upon the occurrence of a future event may

revocably nominate a custodian to receive the property for a minor

beneficiary upon the occurrence of the event by naming the custodian

followed in substance by the words: "as custodian for

________________ (name of minor) under the Oklahoma Uniform

Transfers to Minors Act." The nomination may name one or more

persons as substitute custodians to whom the property must be

transferred, in the order named, if the first nominated custodian

dies before the transfer or is unable, declines, or is ineligible to

serve. The nomination may be made in a will, a trust, a deed, an

instrument exercising a power of appointment, or in a writing

designating a beneficiary of contractual rights which is registered

with or delivered to the payor, issuer, or other obligor of the

contractual rights.

B. A custodian nominated pursuant to the provisions of this

section must be a person to whom a transfer of property of that kind

may be made according to the provisions of subsection A of Section

10 of this act.

Oklahoma Statutes - Title 58. Probate Procedure Page 146

C. The nomination of a custodian pursuant to the provisions of

this section does not create custodial property until the nominating

instrument becomes irrevocable or a transfer to the nominated

custodian is completed pursuant to the provisions of Section 10 of

this act. Unless the nomination of a custodian has been revoked,

upon the occurrence of the future event the custodianship becomes

effective and the custodian shall enforce a transfer of the

custodial property pursuant to the provisions of Section 10 of this

act.
Okla. Stat. tit. 58, § 58-123 — OK Code / Title 58 / Section 58-123
Preferences
Status: in_force

Of several persons claiming and equally entitled to administer,

relatives of the whole blood must be preferred to those of the half

blood.
Okla. Stat. tit. 58, § 58-382 — OK Code / Title 58 / Section 58-382
Sales - Reports - Confirmation by court
Status: in_force

Except as otherwise hereinafter provided, all sales must be

reported under oath and confirmed by the court, before the title to

the property sold passes.
Okla. Stat. tit. 58, § 58-3035 — OK Code / Title 58 / Section 58-3035
Claims and litigation
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to claims

and litigation authorizes the agent to:

1. Assert and maintain before a court or administrative agency

a claim, claim for relief, cause of action, counterclaim, offset,

recoupment or defense, including an action to recover property or

other thing of value, recover damages sustained by the principal,

eliminate or modify tax liability, or seek an injunction, specific

performance or other relief;

2. Bring an action to determine adverse claims or intervene or

otherwise participate in litigation;

3. Seek an attachment, garnishment, order of arrest or other

preliminary, provisional or intermediate relief and use an available

procedure to effect or satisfy a judgment, order or decree;

Oklahoma Statutes - Title 58. Probate Procedure Page 182

4. Make or accept a tender, offer of judgment or admission of

facts, submit a controversy on an agreed statement of facts, consent

to examination, and bind the principal in litigation;

5. Submit to alternative dispute resolution, settle and propose

or accept a compromise;

6. Waive the issuance and service of process upon the

principal, accept service of process, appear for the principal,

designate persons upon which process directed to the principal may

be served, execute and file or deliver stipulations on the

principal's behalf, verify pleadings, seek appellate review, procure

and give surety and indemnity bonds, contract and pay for the

preparation and printing of records and briefs, receive, execute and

file or deliver a consent, waiver, release, confession of judgment,

satisfaction of judgment, notice, agreement or other instrument in

connection with the prosecution, settlement or defense of a claim or

litigation;

7. Act for the principal with respect to bankruptcy or

insolvency, whether voluntary or involuntary, concerning the

principal or some other person, or with respect to a reorganization,

receivership, or application for the appointment of a receiver or

trustee which affects an interest of the principal in property or

other thing of value;

8. Pay a judgment, award or order against the principal or a

settlement made in connection with a claim or litigation; and

9. Receive money or other thing of value paid in settlement of

or as proceeds of a claim or litigation.
Okla. Stat. tit. 58, § 58-3001 — OK Code / Title 58 / Section 58-3001
Short title - Uniform Power of Attorney Act
Status: in_force

This act shall be known and may be cited as the "Uniform Power

of Attorney Act".
Okla. Stat. tit. 58, § 58-931 — OK Code / Title 58 / Section 58-931
Easements for pipelines, transmission lines, highways and
Status: in_force

dams - Administrators and executors or guardians - Authority as to.

That administrators and executors of the estates of deceased

persons and the guardians of estates, minors and incompetent persons

are hereby authorized to enter into contracts with pipeline

companies, corporations, conservancy districts, individuals or

partnerships or the State of Oklahoma or any subdivision thereof or

any municipal corporation, for the construction, operation and

maintenance of party walls, pipelines, transmission lines, upstream

flood-control dams and lakes, or to enter into contracts with

companies, corporations, individuals, partnerships, the State of

Oklahoma or any subdivision thereof, or any municipal corporation

for the construction, operation and maintenance of wind energy

conversion systems, state or county highways, and to sell and

dispose of an easement under said contract for said purposes, upon

and across the lands or any interest therein belonging to the

estates of deceased persons and of minors and incompetents, upon

such terms and conditions that said administrators, executors or

guardians of such persons may deem reasonable and equitable, and for

the best interest of said estates of deceased persons, minors and

incompetents.
Okla. Stat. tit. 58, § 58-125 — OK Code / Title 58 / Section 58-125
Letters to guardian of minor entitled
Status: in_force

If any person entitled to administration is a minor, letters

must be granted to his or her guardian, or any other person entitled

to letters of administration, in the discretion of the court.
Okla. Stat. tit. 58, § 58-1002 — OK Code / Title 58 / Section 58-1002
Beneficiaries
Status: in_force

If property is so disposed of that the right of a beneficiary to

succeed to any interest therein is conditional upon his surviving

another person, and both persons die, and there is no sufficient

evidence to establish that the two have died otherwise than

simultaneously, the beneficiary shall be deemed not to have

survived. If there is no sufficient evidence to establish that two

or more beneficiaries have died otherwise than simultaneously and

property has been disposed of in such a way that at the time of

Oklahoma Statutes - Title 58. Probate Procedure Page 137

their death each of such beneficiaries would have been entitled to

the property if he had survived the others, the property shall be

divided into as many equal portions as there were such beneficiaries

and these portions shall be distributed respectively to those who

would have taken in the event that each of such beneficiaries had

survived.
Okla. Stat. tit. 58, § 58-703 — OK Code / Title 58 / Section 58-703
Recorded decree is notice to all persons
Status: in_force

When it is provided in this chapter that any order or decree of

a district court or judge, or a copy thereof, must be recorded in

the office of the county register of deeds, notice is imparted to

all persons of the contents thereof, from the time of filing the

same for record.

Oklahoma Statutes - Title 58. Probate Procedure Page 114
Okla. Stat. tit. 58, § 58-220 — OK Code / Title 58 / Section 58-220
Surviving executor or administrator - Duties
Status: in_force

In case any one of several executors or administrators, to whom

letters are granted, dies, becomes an incapacitated or partially

incapacitated person as such terms are defined by Section 1-111 of

Title 30 of the Oklahoma Statutes, is convicted of an infamous

crime, or otherwise becomes incapable of executing the trust, or in

case the letters testamentary or of administration are revoked or

annulled, with respect to any one executor or administrator, the

remaining executor or administrator must proceed to complete the

execution of the will or administration.

R.L. 1910, § 6291. Amended by Laws 1998, c. 246, § 23, eff. Nov. 1,

1998.
Okla. Stat. tit. 58, § 58-3014 — OK Code / Title 58 / Section 58-3014
Agent's duties
Status: in_force

A. Notwithstanding provisions in the power of attorney, an

agent that has accepted appointment shall:

1. Act in accordance with the principal's reasonable

expectations to the extent actually known by the agent and,

otherwise, in the principal's best interest;

2. Act in good faith; and

3. Act only within the scope of authority granted in the power

of attorney.

B. Except as otherwise provided in the power of attorney, an

agent that has accepted appointment shall:

1. Act loyally for the principal's benefit;

2. Act so as not to create a conflict of interest that impairs

the agent's ability to act impartially in the principal's best

interest;

3. Act with the care, competence and diligence ordinarily

exercised by agents in similar circumstances;

Oklahoma Statutes - Title 58. Probate Procedure Page 168

4. Keep a record of all receipts, disbursements and

transactions made on behalf of the principal;

5. Cooperate with a person that has authority to make health

care decisions for the principal to carry out the principal's

reasonable expectations to the extent actually known by the agent

and, otherwise, act in the principal's best interest; and

6. Attempt to preserve the principal's estate plan, to the

extent actually known by the agent, if preserving the plan is

consistent with the principal's best interest based on all relevant

factors, including:

a. the value and nature of the principal's property,

b. the principal's foreseeable obligations and need for

maintenance,

c. minimization of taxes, including income, estate,

inheritance, generation-skipping transfer and gift

taxes, and

d. eligibility for a benefit, a program or assistance

under a statute or regulation.

C. An agent that acts in good faith is not liable to any

beneficiary of the principal's estate plan for failure to preserve

the plan.

D. An agent that acts with care, competence and diligence for

the best interest of the principal is not liable solely because the

agent also benefits from the act or has an individual or conflicting

interest in relation to the property or affairs of the principal.

E. If an agent is selected by the principal because of special

skills or expertise possessed by the agent or in reliance on the

agent's representation that the agent has special skills or

expertise, the special skills or expertise must be considered in

determining whether the agent has acted with care, competence and

diligence under the circumstances.

F. Absent a breach of duty to the principal, an agent is not

liable if the value of the principal's property declines.

G. An agent that exercises authority to delegate to another

person the authority granted by the principal or that engages

another person on behalf of the principal is not liable for an act,

error of judgment or default of that person if the agent exercises

care, competence and diligence in selecting and monitoring the

person.

H. Except as otherwise provided in the power of attorney, an

agent is not required to disclose receipts, disbursements or

transactions conducted on behalf of the principal unless ordered by

a court or requested by the principal, a guardian, a conservator,

another fiduciary acting for the principal, a governmental agency

having authority to protect the welfare of the principal or, upon

the death of the principal, by the personal representative or

successor in interest of the principal's estate. If so requested,

Oklahoma Statutes - Title 58. Probate Procedure Page 169

within thirty (30) days the agent shall comply with the request or

provide a writing or other record substantiating why additional time

is needed and shall comply with the request within an additional

thirty (30) days.
Okla. Stat. tit. 58, § 58-260 — OK Code / Title 58 / Section 58-260
Creditors must secure costs
Status: in_force

No executor or administrator is bound to sue for such estate as

mentioned in the preceding section, for the benefit of the

creditors, unless on application of creditors, who must pay such

part of the costs and expenses of the suit, or give such security

therefor to the executor or administrator, as the judge shall

direct.
Okla. Stat. tit. 58, § 58-1073 — OK Code / Title 58 / Section 58-1073
Disability, incapacity, or extended absence of principal
Status: in_force

not affecting acts done pursuant to durable power of attorney.

All acts done by an attorney-in-fact pursuant to a durable power

of attorney during any period of disability, incapacity, or extended

absence of the principal have the same effect and inure to the

Oklahoma Statutes - Title 58. Probate Procedure Page 141

benefit of and bind the principal and his successors in interest as

if the principal were competent and not disabled, incapacitated, or

on an extended absence.
Okla. Stat. tit. 58, § 58-293 — OK Code / Title 58 / Section 58-293
Complaint on embezzlement - Citation
Status: in_force

If any executor, administrator, or other person interested in

the estate of a decedent, complains to the district court, on oath,

that any person is suspected to have concealed, embezzled, smuggled,

conveyed away, or disposed of any monies, goods or chattels of the

decedent, or has in his possession or knowledge, any deeds,

conveyances, bonds, contracts, or other writings which contain

evidences of, or tend to disclose the right, title, interest or

claim of the decedent to any real or personal estate, or any claim

or demand, or any lost will, the judge may cite such person to

appear before the district court, and may examine him, on oath, upon

the matter of such complaint, if he can be found in the state. But

if cited from another county, and he appears and is found innocent,

his necessary expenses must be allowed him out of the estate.
Okla. Stat. tit. 58, § 58-133 — OK Code / Title 58 / Section 58-133
Proof of death intestate
Status: in_force

Before letters of administration are granted on the estate of

any person who is represented to have died intestate, the fact of

his dying intestate must be proved by the testimony of the applicant

or others; and the court may also examine any other person

concerning the time, place and manner of his death, the place of his

residence at the time, the value and character of his property, and

whether or not the decedent left any will, and may compel any person

to attend as a witness for that purpose.
Okla. Stat. tit. 58, § 58-337 — OK Code / Title 58 / Section 58-337
Allowance and rejection of claims
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 64

A. When a claim is presented to the personal representative,

the personal representative must endorse thereon allowance or

rejection, with the date thereof. If the personal representative

allows the claim, it must be presented, with the date of such

presentment noted thereon to the judge for approval by the judge,

who must, in the same manner, endorse upon it allowance or

rejection.

B. If the personal representative rejects the claim, in whole

or in part, the personal representative shall mail a notice of such

rejection to the creditor, by regular, first-class mail, to the

creditor's address last-known to the personal representative, not

later than five (5) days following the date of such partial or total

rejection.

C. 1. If the personal representative refuses or neglects to

endorse such allowance or rejection for thirty (30) days after the

claim has been presented to him, such refusal or neglect is

equivalent to a rejection on the thirtieth day after presentment of

the claim to the personal representative, regardless of the date on

which the claim may have been actually rejected in whole or in part.

2. If the judge refuses or neglects to endorse allowance or

rejection on a claim, allowed by the personal representative, within

thirty (30) days after the claim is presented to the judge, such

refusal or neglect is equivalent to a rejection on the thirtieth day

after presentment of the claim to the judge.

D. If the claim be presented to the personal representative

before the expiration of the time limited for the presentation of

claims, the same is presented in time, though acted upon by the

personal representative and/or by the judge after the expiration of

such time.

E. A claim presented to the personal representative at the

personal representative's place of residence or business or at the

personal representative's attorney's place of business prior to

first publication of the notice shall be considered validly

presented, shall be deemed to have been presented on the date of

first publication of the notice and shall not be acted upon by the

personal representative prior to such date, and the personal

representative shall not be required to give notice to such creditor

by mail, other than notice of rejection if the claim is rejected in

whole or in part to the creditor who presented such claim.

F. For estate proceedings commenced after October 31, 2008, the

following provisions shall apply:

1. If the personal representative rejects a claim, in whole or

in part, but refuses or neglects to mail a notice of the rejection

not later than five (5) days following the date of partial or total

rejection as required in paragraph B of this section, the forty-

five-day time period for limitation of actions as specified in

Section 339 of this title shall not begin until the personal

Oklahoma Statutes - Title 58. Probate Procedure Page 65

representative has mailed notice of rejection to the creditor by

regular, first-class mail to the creditor’s last-known address. In

no event shall such limitation extend past the date that a petition

for final accounting is filed; and

2. If the treatment of any claim by the personal representative

or judge is deemed equivalent to a rejection, as described in

paragraph 1 or 2 of subsection C of this section, the forty-five-day

time period for limitation of actions specified in Section 339 of

this title shall not begin until the personal representative has

mailed notice of the deemed rejection to the creditor by regular,

first-class mail to the creditor’s last-known address. In no event

shall such limitation extend past the date that a petition for final

accounting is filed.

R.L. 1910, § 6342. Amended by Laws 1965, c. 206, § 1; Laws 1988, c.

228, § 11, emerg. eff. June 22, 1988; Laws 2008, c. 326, § 1, eff.

Nov. 1, 2008.
Okla. Stat. tit. 58, § 58-673 — OK Code / Title 58 / Section 58-673
Sale of property unclaimed for a year
Status: in_force

When personal property remains in the hands of the agent

unclaimed for a year, and it appears to the court that it is for the

benefit of those interested, it shall be sold under the order of the

court and the proceeds, after deducting the expenses of the sale

allowed by the court, must be paid into the State Treasury. When

the payment is made, the agent must take from the Treasurer

duplicate receipts one of which he must file in the office of the

State Treasurer, and the other in the district court.
Okla. Stat. tit. 58, § 58-237 — OK Code / Title 58 / Section 58-237
Attendance of executor or administrator may be compelled
Status: in_force

In the proceedings authorized by the preceding three sections,

for the removal of an executor or administrator, the court may

compel his attendance by attachment, and may compel him to answer

questions, on oath, touching his administration, and upon his

refusal to do so, may commit him until he obey, or may revoke his

letters, or both.
Okla. Stat. tit. 58, § 58-695 — OK Code / Title 58 / Section 58-695
Death of minor - Disposition of moneys
Status: in_force

Should a minor die having money thus deposited in the hands of

the court clerk, the same shall be delivered to his personal

representative.
Okla. Stat. tit. 58, § 58-462.1 — OK Code / Title 58 / Section 58-462.1
Partition of property under the will - Sale
Status: in_force

When the will of a testator authorizes the executor or personal

representative of an estate being probated to institute partition of

real property in which the testator at his death held an undivided

interest, an order by the probate court authorizing the institution

of such action, or the joinder of such action with a quiet title

suit, shall be unnecessary. Further, in the event a sale is

confirmed in the partition action, no confirmation of sale in the

probate case shall be required.
Okla. Stat. tit. 58, § 58-3032 — OK Code / Title 58 / Section 58-3032
Operation of entity or business
Status: in_force

Subject to the terms of a document or an agreement governing an

entity or an entity ownership interest, and unless the power of

attorney otherwise provides, language in a power of attorney

granting general authority with respect to operation of an entity or

business authorizes the agent to:

1. Operate, buy, sell, enlarge, reduce or terminate an

ownership interest;

2. Perform a duty or discharge a liability and exercise in

person or by proxy a right, power, privilege or option that the

principal has, may have or claims to have;

3. Enforce the terms of an ownership agreement;

4. Initiate, participate in or submit to alternative dispute

resolution, settle, oppose, or propose or accept a compromise with

respect to litigation to which the principal is a party because of

an ownership interest;

5. Exercise in person or by proxy, or enforce by litigation or

otherwise, a right, power, privilege or option the principal has or

claims to have as the holder of stocks and bonds;

6. Initiate, participate in or submit to alternative dispute

resolution, settle, oppose, or propose or accept a compromise with

respect to litigation to which the principal is a party concerning

stocks and bonds;

7. With respect to an entity or business owned solely by the

principal:

a. continue, modify, renegotiate, extend and terminate a

contract made by or on behalf of the principal with

Oklahoma Statutes - Title 58. Probate Procedure Page 179

respect to the entity or business before execution of

the power of attorney,

b. determine:

(1) the location of its operation,

(2) the nature and extent of its business,

(3) the methods of manufacturing, selling,

merchandising, financing, accounting and

advertising employed in its operation,

(4) the amount and types of insurance carried, and

(5) the mode of engaging, compensating and dealing

with its employees and accountants, attorneys or

other advisors,

c. change the name or form of organization under which

the entity or business is operated and enter into an

ownership agreement with other persons to take over

all or part of the operation of the entity or

business, and

d. demand and receive money due or claimed by the

principal or on the principal's behalf in the

operation of the entity or business and control and

disburse the money in the operation of the entity or

business;

8. Put additional capital into an entity or business in which

the principal has an interest;

9. Join in a plan of reorganization, consolidation, conversion,

domestication or merger of the entity or business;

10. Sell or liquidate all or part of an entity or business;

11. Establish the value of an entity or business under a buy-

out agreement to which the principal is a party;

12. Prepare, sign, file and deliver reports, compilations of

information, returns or other papers with respect to an entity or

business and make related payments; and

13. Pay, compromise or contest taxes, assessments, fines or

penalties and perform any other act to protect the principal from

illegal or unnecessary taxation, assessments, fines or penalties,

with respect to an entity or business, including attempts to

recover, in any manner permitted by law, money paid before or after

the execution of the power of attorney.
Okla. Stat. tit. 58, § 58-523 — OK Code / Title 58 / Section 58-523
Representative shall not profit or lose
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 93

He shall not make profit by the increase, nor suffer loss by the

decrease or destruction, without his fault, of any part of the

estate. He must account for the excess when he sells any part of

the estate for more than the appraisement, and if any part he sold

for less than the appraisement, he is not responsible for the loss,

if the sale has been justly made.
Okla. Stat. tit. 58, § 58-718.2 — OK Code / Title 58 / Section 58-718.2
Accounting and distribution
Status: in_force

Said clerk shall when properly requested so to do likewise be

required to record all final accounts and petitions for

distribution, all notices, proofs of publication or of posting

thereof, and any petition for partial distribution and notices,

together with proofs of posting and publication thereof, and all

Oklahoma Statutes - Title 58. Probate Procedure Page 119

orders of distribution, either on petition for general or partial

distribution of said estate.
Okla. Stat. tit. 58, § 58-941 — OK Code / Title 58 / Section 58-941
Presumption of death - Issuance of letters testamentary or
Status: in_force

of administration.

Presumption of death - Any person missing from his usual place

of residence and whose address is unknown by his family or those

who, in the ordinary course of events, would be expected to know his

whereabouts, who is continuously absent and unheard of for a period

of seven (7) years or longer, shall be presumed to be dead and the

district court, after the expiration of such period, shall have

jurisdiction and authority to declare such person to be legally dead

and to issue letters testamentary or letters of administration upon

the estates of such persons.
Okla. Stat. tit. 58, § 58-481 — OK Code / Title 58 / Section 58-481
Contract for the purchase of lands may be sold
Status: in_force

If a decedent, at the time of his death, was possessed of a

contract for the purchase of land, his interests in such land and

under such contracts may be sold on the application of his executor

or administrator, in the same manner as if he had died seized of

such land, and the same proceedings may be had for that purpose as

are prescribed in this article for the sale of lands of which he

died seized, except as hereinafter provided.
Okla. Stat. tit. 58, § 58-501 — OK Code / Title 58 / Section 58-501
Representative to make deed under decedent's contract
Status: in_force

When a person who is bound by contract in writing to convey any

real estate, dies before making the conveyance, and such decedent,

if living, might be compelled to make such conveyance, the district

court may enter a decree authorizing and directing his executor or

administrator to convey such real estate to the person entitled

thereto.
Okla. Stat. tit. 58, § 58-544 — OK Code / Title 58 / Section 58-544
Action upon petition
Status: in_force

If the judge be satisfied, either from the oath of the applicant

or from any other testimony offered, that the facts alleged are

true, and considers the showing of the applicant sufficient, he must

issue a citation to the executor or administrator, requiring him to

appear at some day named in the citation, and render an exhibit as

prayed for.
Okla. Stat. tit. 58, § 58-1223 — OK Code / Title 58 / Section 58-1223
Transfers under other law prior to effective date
Status: in_force

A. Any transfer of custodial property as that term is defined

in the Oklahoma Uniform Transfers to Minors Act made before the

effective date of this act is validated although there was no

specific authority in the Oklahoma Uniform Gifts to Minors Act for

Oklahoma Statutes - Title 58. Probate Procedure Page 157

the coverage of custodial property of that kind or for a transfer

from that source at the time the transfer was made.

B. The Oklahoma Uniform Transfers to Minors Act applies to all

transfers made before the effective date of this act in a manner and

form prescribed in the Oklahoma Uniform Gifts to Minors Act, except

insofar as the application impairs constitutionally vested rights or

extends the duration of custodianships in existence on the effective

date of this act.

C. A transfer that purports to be made and which is valid under

the Uniform Transfers to Minors Act, the Uniform Gifts to Minors

Act, or a substantially similar act, of another state is governed by

the law of the designated state and may be executed and is

enforceable in this state if at the time of the transfer, the

transferor, the minor, or the custodian is a resident of the

designated state or the custodial property is located in the

designated state.

D. With respect to the age of a minor for whom custodial

property is held under the Oklahoma Uniform Transfers to Minors Act,

paragraphs 1 and 11 of Section 1202 and paragraph 1 of subsection A

of Section 1221 of this title do not apply to custodial property

held in a custodianship which terminated because of the minor's

attainment of the age of eighteen (18) years after November 1, 1986

and before September 1, 1993.
Okla. Stat. tit. 58, § 58-422 — OK Code / Title 58 / Section 58-422
Place and time of sale
Status: in_force

Sales at public auction must be made in the county where the

land is situated; but when the land is situated in two or more

counties, it may be sold in either. The sale must be made between

the hours of nine o'clock in the morning and the setting of the sun

on the same day, and must be made on the day named in the notice of

sale, unless the same is postponed.
Okla. Stat. tit. 58, § 58-591 — OK Code / Title 58 / Section 58-591
Order of payment of debts
Status: in_force

The debts of the estate must be paid in the following order:

1. Funeral expenses.

2. The expenses of the last sickness.

3. Funds necessary for the support of the family and allowed by

the court pursuant to the provisions of this chapter.

4. Taxes to the United States or the state, county, or city.

5. Debts having preference under the laws of the United States

and of this state.

6. Judgments rendered against the decedent in his lifetime,

which are liens upon his property and mortgages in the order of

their date.

7. Demands or claims which are presented to the executor or

administrator for an allowance or proved within two (2) months after

the first publication of notice to creditors.

8. All other demands against the estate except those set forth

in paragraph 9 of this section.

Oklahoma Statutes - Title 58. Probate Procedure Page 99

9. Interest resulting from the extension of time for payment of

federal estate or transfer taxes. Such interest shall be a cost of

administration but shall not be deductible in arriving at the

Oklahoma net taxable estate under Section 808 (g) of Title 68.
Okla. Stat. tit. 58, § 58-346 — OK Code / Title 58 / Section 58-346
Judgments before death, how collected
Status: in_force

When any judgment has been rendered for or against the testator

or intestate in his lifetime, no execution shall issue thereon after

his death, except:

Oklahoma Statutes - Title 58. Probate Procedure Page 67

1. In case of the death of the judgment creditor, upon the

application of his executor or administrator, or successor in

interests.

2. In case of the death of the judgment debtor, if the judgment

be for the recovery of real or personal property, or the enforcement

of a lien thereon.

A judgment against the decedent for the recovery of money, must

be presented to the executor or administrator, like any other claim.

If the execution is actually levied upon any property of the

decedent before his death, the same may be sold for the satisfaction

thereof, and the officer making the sale must account to the

executor or administrator for any surplus in his hands.
Okla. Stat. tit. 58, § 58-1208 — OK Code / Title 58 / Section 58-1208
Persons holding property of or owing debt to minor -
Status: in_force

Irrevocable transfers to custodian.

A. Subject to the provisions of subsections B and C of this

section, a person not subject to the provisions of Sections 6 or 7

of this act who holds property of or owes a liquidated debt to a

minor not having a guardian may make an irrevocable transfer to a

custodian for the benefit of the minor pursuant to the provisions of

Section 10 of this act.

B. If a person having the right to do so pursuant to the

provisions of Section 4 of this act has nominated a custodian

according to the provisions of Section 4 of this act to receive the

custodial property, the transfer must be made to that person.

C. If no custodian has been nominated pursuant to the

provisions of Section 4 of this act, or all persons nominated as

custodian die before the transfer or are unable, decline, or are

ineligible to serve, a transfer pursuant to the provisions of this

section may be made to an adult member of the minor's family or to a

trust company, unless the property exceeds Ten Thousand Dollars

($10,000.00) in value.
Okla. Stat. tit. 58, § 58-1081 — OK Code / Title 58 / Section 58-1081
Standards of conduct and liability
Status: in_force

Any attorney-in-fact, whether acting pursuant to a durable or

nondurable power of attorney or otherwise, is bound by standards of

conduct and liability applicable to other fiduciaries.
Okla. Stat. tit. 58, § 58-1218 — OK Code / Title 58 / Section 58-1218
Claims against custodial property - Liability of
Status: in_force

custodian or minor.

A. A claim based on:

1. a contract entered into by a custodian acting in a custodial

capacity, or

2. an obligation arising from the ownership or control of

custodial property, or

3. a tort committed during the custodianship,

may be asserted against the custodial property by proceeding against

the custodian in the custodial capacity, whether or not the

custodian or the minor is personally liable therefor.

B. A custodian is not personally liable:

1. on a contract properly entered into in the custodial

capacity unless the custodian fails to reveal that capacity and to

identify the custodianship in the contract; or

2. for an obligation arising from control of custodial property

or for a tort committed during the custodianship unless the

custodian is personally at fault.

C. A minor is not personally liable for an obligation arising

from ownership of custodial property or for a tort committed during

the custodianship unless the minor is personally at fault.
Okla. Stat. tit. 58, § 58-1006 — OK Code / Title 58 / Section 58-1006
Inapplication in certain cases
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 138

This act shall not apply in the case of wills, living trusts,

deeds, or contracts of insurance or annuity, or any other instrument

wherein provision is made for distribution of property different

from the provisions of this act, or where provision is made for a

presumption as to survivorship which results in a distribution of

property different from that here provided, in all of which cases

the provisions of such instrument shall be given effect.
Okla. Stat. tit. 58, § 58-722 — OK Code / Title 58 / Section 58-722
Party in default may not appeal
Status: in_force

Any party aggrieved may appeal as aforesaid, except where the

decree or order of which he complains, was rendered or made upon his

default.
Okla. Stat. tit. 58, § 58-418 — OK Code / Title 58 / Section 58-418
Order of sale
Status: in_force

If the court be satisfied, after a full hearing upon the

petition and examination of the proofs and allegations of the

petitioner and the heirs, legatees and devisees who may oppose the

application, that a sale of the whole or some portion of the real

estate is necessary, for any of the causes mentioned in this

chapter, or if such sale be assented to by all the heirs, legatees

and devisees, an order must be made to sell the whole, or so much

and such parts of the real estate described in the petition as the

court shall judge necessary or beneficial.

Oklahoma Statutes - Title 58. Probate Procedure Page 81
Okla. Stat. tit. 58, § 58-8 — OK Code / Title 58 / Section 58-8
Transfer of old matters authorized
Status: in_force

When it is made to appear that any probate matter pending in any

court of this state which, by acts of Congress and the Constitution,

was transferred from the courts of the Territory of Oklahoma and the

Oklahoma Statutes - Title 58. Probate Procedure Page 13

United States courts in the Indian Territory to the courts of this

state, is not in the county where the venue of such suit, matter or

proceeding would lie if arising after the admission of this state

into the Union, the court where such suit, matter or proceeding is

pending shall, upon the application of the guardian, executor or

administrator, or any other person having a substantial interest

therein, or upon its own motion, when a proper showing has been made

for a removal, within twenty (20) days after application is made

therefor, make an order transferring such suit, matter or proceeding

to the county where the venue would properly lie if such suit,

matter or proceeding had arisen since the admission of this state

into the Union, by transmitting to such county the original papers,

together with certified copies of all orders and judgments, upon the

payment of all accrued costs: Provided, that where any minor is the

owner of an estate situate in a county or in counties other than

that of his domicile and a guardian or curator has heretofore been

appointed for such minor or his estate in any such county other than

that of the domicile of such minor, such suit, matter or proceedings

shall be transferred in the manner and upon the conditions herein

provided, to the county of the domicile of such minor; And provided,

further, that such original papers, together with such certified

copies of all orders and judgments, shall be filed in the court to

which such matter is removed, and the same shall proceed as if

ordinarily filed therein, without further service of notice.
Okla. Stat. tit. 58, § 58-24 — OK Code / Title 58 / Section 58-24
Court may compel production of will by one having
Status: in_force

possession.

If it be alleged in the petition that the will is in the

possession of a third person and the court is satisfied that the

allegation is correct, an order must be issued and served upon the

person having possession of the will, requiring him to produce it in

the court at the time named in the order. If he has possession of

the will and neglects or refuses to produce it in obedience to the

order, he may by warrant of the court be committed to the jail of

the county, and kept in close confinement until he produces it.
Okla. Stat. tit. 58, § 58-254 — OK Code / Title 58 / Section 58-254
Certain actions against representatives
Status: in_force

Any person, or his personal representatives, may maintain an

action against the executor or administrator of any testator or

intestate who in his lifetime had wasted, destroyed, taken, or

carried away, or converted to his own use, the goods or chattels of

any such person or committed any trespass on the real estate of such

person.
Okla. Stat. tit. 58, § 58-635 — OK Code / Title 58 / Section 58-635
Taxes paid before decree
Status: in_force

Before any decree of distribution of an estate is made, the

district court must be satisfied, by the oath of the executor or

administrator, or otherwise, that all state, county, school and

municipal taxes, legally levied upon personal property of the

estate, and all income and estate taxes due the State of Oklahoma

have been fully paid or arrangements satisfactory to the court have

been made to secure the payment of same. For deaths occurring on or

after January 1, 2010, no release of estate tax liability is

necessary pursuant to Section 5 of this act.
Okla. Stat. tit. 58, § 58-211 — OK Code / Title 58 / Section 58-211
Special administrators appointed, when
Status: in_force

When there is delay in granting letters testamentary, or of

administration, from any cause, or when such letters are granted

irregularly, or no sufficient bond is filed as required, or when no

application is made for such letters, or when an administrator or

executor dies, or is suspended, suspended partially, or removed, the

judge of the district court may appoint a special administrator 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.

R.L. 1910, § 6282; Laws 1992, c. 395, § 5, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-315 — OK Code / Title 58 / Section 58-315
Allowance a preferred claim
Status: in_force

Any allowance made by the court in accordance with the

provisions of this article must be paid in preference to all other

charges, except funeral charges or expenses of administration, and

any such allowance, whenever made, may, in the discretion of the

court, take effect from the death of the decedent.
Okla. Stat. tit. 58, § 58-126 — OK Code / Title 58 / Section 58-126
Administrators — Incompetency
Status: in_force

No person is competent to serve as administrator who, when

appointed, is:

1. Under the age of majority;

2. Convicted of a crime that causes the court to determine that

the person should not be entrusted with the fiduciary duties of an

administrator; or

3. Adjudged by the court incompetent to execute the duties of

the trust by reason of drunkenness, improvidence or want of

understanding or integrity.

R.L. 1910, § 6249. Amended by Laws 2024, c. 231, § 2, eff. Nov. 1,

2024.
Okla. Stat. tit. 58, § 58-692 — OK Code / Title 58 / Section 58-692
Property discovered after final settlement
Status: in_force

The final settlement of an estate, as hereinbefore provided,

shall not prevent a subsequent issue of letters testamentary or of

administration, or of administration with the will annexed if other

property of the estate discovered, or if it become necessary or

proper for any cause that letters should be again issued.
Okla. Stat. tit. 58, § 58-286 — OK Code / Title 58 / Section 58-286
Bequest to executor or another debtor of his debt
Status: in_force

The discharge or bequest in a will of any debt or demand of the

testator against the executor named, or any other person, is not

valid against the creditors of the decedent, but is a specific

bequest of the debt or demand. It must be included in the

inventory, and, if necessary, applied in the payment of the debts.

If not necessary for that purpose, it must be paid in the same

manner and proportion as other specific legacies.
Okla. Stat. tit. 58, § 58-1101 — OK Code / Title 58 / Section 58-1101
Application of act
Status: in_force

When an Oklahoma resident dies leaving a surviving spouse, and

leaves a will which gives all of the estate to such surviving spouse

and names such surviving spouse as executor, the procedures set out

in this act may be used and shall control over other provisions of

law to the contrary, and unless contrary hereto, all applicable

existing law shall remain in force and effect.
Okla. Stat. tit. 58, § 58-598 — OK Code / Title 58 / Section 58-598
Rights of creditors not included in order
Status: in_force

When the accounts of the personal representative have been

settled, and an order made for the payment of debts, no creditor

whose claim was not included in the order for payment has any right

to call upon any creditor who has been paid, or upon the heirs,

devisees, or legatees, to contribute to the payment of his claim;

but if the personal representative has failed to give the notice to

creditors as required in Section 331 of this title, such creditor

may recover on the bond of the personal representative the amount of

his claim, or such part thereof as he would have been entitled to

had it been allowed. This section shall not apply to any creditor

whose claim was not due as of the presentment date specified in the

notice to creditors.
Okla. Stat. tit. 58, § 58-28 — OK Code / Title 58 / Section 58-28
Proof of notice - Waiver of notice
Status: in_force

At the time appointed for the hearing, or at the time to which

the hearing may have been postponed, the court, unless the parties

appear, must require proof that the notice has been given, which

being made, the court must hear testimony in proof of the will. If

Oklahoma Statutes - Title 58. Probate Procedure Page 17

such notice is not proved to have been given, or if from any other

cause it is necessary, the hearing may be postponed to a day

certain. The appearance in court of parties interested is a waiver

of notice.
Okla. Stat. tit. 58, § 58-661 — OK Code / Title 58 / Section 58-661
Settlement of advancements
Status: in_force

All questions as to advancements made or alleged to have been

made by the decedent to his heirs may be heard and determined by the

county court, and must be specified in the decree assigning and

distributing the estate; and the final judgment or decree of the

district court, or in case of an appeal, of the district court or

Supreme Court, is binding on all parties interested in the estate.
Okla. Stat. tit. 58, § 58-484 — OK Code / Title 58 / Section 58-484
Assignment of contract
Status: in_force

Upon the confirmation of the sale, the executor or administrator

must execute to the purchaser an assignment of the contract, which

vests in the purchaser, his heirs and assigns, all the right, title

and interest of the estate, or of the persons entitled to the

interest of the decedent in the lands sold at the time of the sale

and the purchaser has the same rights and remedies against the

vendor of such land as the decedent would have had if he were

living.
Okla. Stat. tit. 58, § 58-597 — OK Code / Title 58 / Section 58-597
Liability of representative after order
Status: in_force

When a decree is made by the district court for the payment of a

decedent's creditors, the personal representative is personally

liable to each creditor for his allowed claim, or the dividend

thereon, and execution may be issued on such decrees as upon any

civil judgment in the district court, in favor of each creditor, and

the same proceeding may be had under such execution as if it had

been issued as any civil judgment. The personal representative is

liable therefor on his bond to each creditor.
Okla. Stat. tit. 58, § 58-694 — OK Code / Title 58 / Section 58-694
Search for minor
Status: in_force

If no demand shall be made for such monies within one (1) year

after the time it shall appear from the records of such estate that

such minor should be of age, the court clerk shall make a diligent

endeavor to ascertain his whereabouts, and if found, notify him of

his right of such money.
Okla. Stat. tit. 58, § 58-33 — OK Code / Title 58 / Section 58-33
"Newspaper" defined
Status: in_force

Wherever the term "newspaper" appears herein, it shall mean

newspaper as defined by 25 O.S.1961, Sec. 106, as amended by Section

1, Chapter 63, O.S.L.1967 (25 O.S.Supp.1968 Section. 106), and by

Oklahoma Statutes - Title 58. Probate Procedure Page 18

House Bill No. 1253, First Session, Thirty-second Legislature of the

State of Oklahoma.
Okla. Stat. tit. 58, § 58-675 — OK Code / Title 58 / Section 58-675
Liability of agent on bond
Status: in_force

The agent is liable on his bond for the care and preservation of

the estate while in his hands, and for the payment of the proceeds

of the sale, as required in the preceding sections, and may be sued

thereon by any person interested.
Okla. Stat. tit. 58, § 58-943 — OK Code / Title 58 / Section 58-943
Contents of petition
Status: in_force

The petition for letters testamentary or letters of

administration shall show:

1. the jurisdictional facts;

2. the names, ages and residence of the heirs, devisees, or

legatees of the decedent, so far as known to the petitioner;

Oklahoma Statutes - Title 58. Probate Procedure Page 133

3. a description and probable value and character of the

property of the estate belonging to said absent person at the time

of his disappearance;

4. the name and address of the person for whom letters

testamentary or of administration are prayed;

5. the time and circumstances when the absentee was last seen

or heard from;

6. that the absentee has not been seen or heard from for a

continuous period of seven (7) years by the persons likely to have

seen or heard from the absentee (naming them and their relationship

to the absentee) and that the location of the absentee is unknown to

those persons and to the petitioner; and

7. a description of the search or the inquiry concerning the

location of the absentee.
Okla. Stat. tit. 58, § 58-3030 — OK Code / Title 58 / Section 58-3030
Commodities and options
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to

commodities and options authorizes the agent to:

1. Buy, sell, exchange, assign, settle and exercise commodity

futures contracts and call or put options on stocks or stock indexes

traded on a regulated option exchange; and

2. Establish, continue, modify and terminate option accounts.
Okla. Stat. tit. 58, § 58-130 — OK Code / Title 58 / Section 58-130
Hearing of the petition - Order
Status: in_force

On the hearing, it being first proved that notice has been given

as herein required, the court must hear the allegations and proofs

of the parties, and order the issuing of letters of administration

to the party best entitled thereto.
Okla. Stat. tit. 58, § 58-129 — OK Code / Title 58 / Section 58-129
Contest of petition - Notice
Status: in_force

Any person interested may contest the petition by filing written

opposition thereto, on the ground of the incompetency of the

applicant, or may, at any time within thirty (30) days after an

administrator has been appointed, assert his own rights to the

administration and pray that letters be issued to himself. In the

latter case the contestant must file his petition in the court. The

court thereof shall set a day for hearing the same and the

contestant shall give written notice by mail, postage prepaid, to

the known heirs and the original petitioner or administrator, if the

appointment has been made, of said contest, and the time and place

set for hearing the same, at least five (5) days before said

hearing.
Okla. Stat. tit. 58, § 58-3113 — OK Code / Title 58 / Section 58-3113
Disclosure of other digital assets to trustee that is not
Status: in_force

an original user.

Unless otherwise ordered by the court, directed by the user, or

provided in a trust, a custodian shall disclose, to a trustee that

is not an original user of an account, a catalog of electronic

communications sent or received by an original or successor user and

stored, carried, or maintained by the custodian in an account of the

trust and any digital assets, other than the content of electronic

Oklahoma Statutes - Title 58. Probate Procedure Page 200

communications, in which the trust has a right or interest if the

trustee gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the trust instrument;

3. A certification by the trustee, under penalty of perjury,

that the trust exists and the trustee is a currently acting trustee

of the trust; and

4. If requested by the custodian:

a. a number, username, address, or other unique

subscriber or account identifier assigned by the

custodian to identify the trust's account, or

b. evidence linking the account to the trust.
Okla. Stat. tit. 58, § 58-1257 — OK Code / Title 58 / Section 58-1257
Record owner considered absolute owner
Status: in_force

A record owner who executes a transfer-on-death deed remains the

legal and equitable owner until the death of the owner and during

the lifetime of the owner is considered an absolute owner as regards

creditors and purchasers.
Okla. Stat. tit. 58, § 58-550 — OK Code / Title 58 / Section 58-550
Vouchers or other proof of payment to accompany account
Status: in_force

In rendering his account, the executor or administrator must,

upon request of the court or an interested party, file vouchers or

other proof of payment for all charges, debts, claims, and expenses

which he has paid, which must remain in the court; and he may be

examined on oath touching such payments, and also touching any

property and effects of the decedent, and the disposition thereof.

When any voucher or other proof of payment is required for other

purposes, it may be withdrawn on leaving a certified copy on file;

if a voucher or other proof of payment is lost, or for other good

reason cannot be produced on the settlement, the payment may be

proved by the oath of any competent witness.

R.L. 1910, § 6437. Amended by Laws 1994, c. 234, § 2, eff. Sept. 1,

1994.
Okla. Stat. tit. 58, § 58-1224 — OK Code / Title 58 / Section 58-1224
Application and construction
Status: in_force

The Oklahoma Uniform Transfers to Minors Act shall be applied

and construed to effectuate its general purpose to make uniform the

law with respect to the subject of this act among states enacting

it.
Okla. Stat. tit. 58, § 58-707.1 — OK Code / Title 58 / Section 58-707.1
Persons who may serve - Proof of service
Status: in_force

Whenever personal service of a notice or citation is prescribed

in any section of the probate code, service shall be made by any

person not personally interested therein unless service of the

notice by a sheriff is ordered by the court. Proof of such service

by a person other than the sheriff shall be made by affidavit of the

person making the service.
Okla. Stat. tit. 58, § 58-174 — OK Code / Title 58 / Section 58-174
Separate bond for each person - Exception
Status: in_force

When two or more persons are appointed executors or

administrators, the judge of the district court must require and

take a separate bond from each of them. Provided, a single joint

bond shall be permitted if said bond is signed by a corporate surety

company.
Okla. Stat. tit. 58, § 58-333 — OK Code / Title 58 / Section 58-333
Bar of claims not presented in time - Exceptions
Status: in_force

All claims arising upon contracts entered into prior to the

decedent's death, whether the same be due, not due or contingent,

must be presented on or before the presentment date as provided in

the notice, and any claim not so presented is barred forever;

provided, however, that when it is made to appear by the affidavit

of the claimant, to the satisfaction of the personal representative

and the judge of the district court, as duly noted on the claim,

that the claimant had no notice by reason of being out of the state

and that a copy of the notice to creditors was not mailed to said

claimant, the claim may be presented at any time before a final

decree of distribution is entered; provided, further, that nothing

in this section, nor in this chapter contained, shall be construed

to prohibit the right or limit the time of foreclosure of mortgages

upon real property of decedents, but every such mortgage may be

foreclosed within the time and in the mode prescribed in civil

procedure, except that no balance of the debt secured by such

mortgage remaining unpaid after foreclosure shall be a claim against

the estate, unless such debt was presented as required by this code.
Okla. Stat. tit. 58, § 58-593 — OK Code / Title 58 / Section 58-593
Method of payment
Status: in_force

If the estate be insufficient to pay all the debts of any one

class, each creditor must be paid a dividend in proportion to his

claim; and no creditor of any class shall receive any payment until

all those of the preceding class are fully paid.
Okla. Stat. tit. 58, § 58-84 — OK Code / Title 58 / Section 58-84
Restraint of former administration
Status: in_force

If before or during the pendency of an application to prove a

lost or destroyed will, letters of administration are granted on the

estate of the testator, or letters testamentary of any previous will

of the testator are granted, the court may restrain the

administrators or executors so appointed from any acts or

proceedings which would be injurious to the legatees or devisees

claiming under the lost or destroyed will.

Oklahoma Statutes - Title 58. Probate Procedure Page 24
Okla. Stat. tit. 58, § 58-219 — OK Code / Title 58 / Section 58-219
Rights of executor or administrator with will annexed
Status: in_force

In such case, the executor or the administrator with the will

annexed, is entitled to demand, sue for, recover and collect all the

rights, goods, chattels, debts and effects of the decedent remaining

unadministered, and may prosecute to final judgment any suit

commenced by the administrator before the revocation of his letters

of administration.

Oklahoma Statutes - Title 58. Probate Procedure Page 38
Okla. Stat. tit. 58, § 58-233 — OK Code / Title 58 / Section 58-233
Proof of appointment
Status: in_force

A transcript from the minutes of the court, showing the

appointment of any person as executor or administrator, together

with the certificate of the judge, under his hand and the seal of

his court, that such person has given bond and qualified, and that

letters testamentary or of administration have been issued to him

and have not been revoked, shall have the same effect in evidence as

the letters themselves.
Okla. Stat. tit. 58, § 58-3027 — OK Code / Title 58 / Section 58-3027
Real property
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 175

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to real

property authorizes the agent to:

1. Demand, buy, lease, receive, accept as a gift or as security

for an extension of credit or otherwise acquire or reject an

interest in real property or a right incident to real property;

2. Sell; exchange; convey with or without covenants,

representations or warranties; quitclaim; release; surrender; retain

title for security; encumber; partition or consent to partitioning;

subject to an easement or covenant; subdivide; apply for zoning or

other governmental permits; plat or consent to platting; develop;

grant an option concerning; lease; sublease; contribute to an entity

in exchange for an interest in that entity; or otherwise grant or

dispose of an interest in real property or a right incident to real

property;

3. Pledge or mortgage an interest in real property or right

incident to real property as security to borrow money or pay, renew

or extend the time of payment of a debt of the principal or a debt

guaranteed by the principal;

4. Release, assign, satisfy or enforce by litigation or

otherwise a mortgage, deed of trust, conditional sale contract,

encumbrance, lien or other claim to real property which exists or is

asserted;

5. Manage or conserve an interest in real property or a right

incident to real property owned or claimed to be owned by the

principal, including:

a. insuring against liability or casualty or other loss,

b. obtaining or regaining possession of or protecting the

interest or right by litigation or otherwise,

c. paying, assessing, compromising or contesting taxes or

assessments or applying for and receiving refunds in

connection with them, and

d. purchasing supplies, hiring assistance or labor, and

making repairs or alterations to the real property;

6. Use, develop, alter, replace, remove, erect or install

structures or other improvements upon real property in or incident

to which the principal has, or claims to have, an interest or right;

7. Participate in a reorganization with respect to real

property or an entity that owns an interest in or right incident to

real property and receive, and hold, and act with respect to stocks

and bonds or other property received in a plan of reorganization,

including:

a. selling or otherwise disposing of them,

b. exercising or selling an option, right of conversion,

or similar right with respect to them, and

c. exercising any voting rights in person or by proxy;

Oklahoma Statutes - Title 58. Probate Procedure Page 176

8. Change the form of title of an interest in or right incident

to real property; and

9. Dedicate to public use, with or without consideration,

easements or other real property in which the principal has, or

claims to have, an interest.
Okla. Stat. tit. 58, § 58-287 — OK Code / Title 58 / Section 58-287
Return of inventory
Status: in_force

The inventory must be signed by the appraisers, and the executor

or administrator must take and subscribe an oath, before an officer

authorized to administer oaths, that the inventory contains a true

statement of all the estate of the decedent which has come to his

knowledge and possession, and particularly of all money belonging to

the decedent, and of all just claims of the decedent against the

affiant. The oath must be endorsed upon or annexed to the

inventory.
Okla. Stat. tit. 58, § 58-350 — OK Code / Title 58 / Section 58-350
Costs against representative
Status: in_force

When a judgment is recovered, with costs, against any executor

or administrator, he shall be individually liable for such costs,

but they must be allowed him in his administration accounts, unless

it appears that the suit or proceedings in which the costs were

taxed was prosecuted or defended without just cause.
Okla. Stat. tit. 58, § 58-387 — OK Code / Title 58 / Section 58-387
What personal property may be sold without notice
Status: in_force

A. At any time after receiving letters, the executor,

administrator, or special administrator may sell perishable and

other personal property likely to depreciate in value, or which will

incur loss or expense by being kept, and so much other personal

property as may be necessary to pay the allowance made to the family

of the decedent without obtaining prior court authorization for

sale, without filing a return of sale, and without obtaining court

confirmation of sale. The sale may be made without notice. Title

to such property shall pass to the purchaser thereof without

approval or confirmation by the court of such sale.

Oklahoma Statutes - Title 58. Probate Procedure Page 75

B. Any sale of property made by an executor, administrator or

special administrator of the property of a decedent pursuant to this

section shall be reported in the accounting next filed by such

executor, administrator or special administrator after the making of

the sale. If the court determines the property sold was not

perishable or was not otherwise likely to depreciate in value or

would not have caused the estate of the decedent loss or expense if

kept, or was not necessary to pay the allowance made to the family

of the decedent, the executor, administrator or special

administrator who made such sale shall not be surcharged or

otherwise held liable with respect to such sale if he made a

reasonable determination in good faith that the property sold was

perishable, was otherwise likely to depreciate in value, would have

caused the estate of the decedent to incur loss or expense if kept

or the sale was necessary to pay the allowance made to the family of

the decedent.

R.L. 1910, § 6366; Laws 1953, p. 238, § 27; Laws 1979, c. 258, § 4,

eff. Oct. 1, 1979; Laws 1992, c. 395, § 8, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-1201 — OK Code / Title 58 / Section 58-1201
Short title
Status: in_force

Sections 1201 through 1225 of this title shall be known and may

be cited as the "Oklahoma Uniform Transfers to Minors Act".
Okla. Stat. tit. 58, § 58-30 — OK Code / Title 58 / Section 58-30
Admission on testimony of one subscribing witness
Status: in_force

If no person appears to contest the probate of a will, the court

may admit it to probate on the testimony or affidavit given after

the will has been filed of one of the subscribing witnesses only if

satisfied from the testimony or affidavit of such witness that the

will was executed in all particulars as required by law, and that

the testator was of sound mind at the time of its execution. This

section shall not apply to self-proved wills as described in Title

84 O.S., Section 55.
Okla. Stat. tit. 58, § 58-92 — OK Code / Title 58 / Section 58-92
Nuncupative wills - Special requirements
Status: in_force

The district court must not receive or entertain a petition for

the probate of a nuncupative will until the lapse of fourteen (14)

days from the death of the testator, nor must such petition be at

any time acted on, unless the testamentary words are or their

substance is, reduced to writing and filed with the petition, nor

until the surviving husband or wife, if any, and all other persons

resident in the state or county, interested in the estate, are

notified, as provided herein.