Okla. Stat. tit. 58, § 58-3040 — OK Code / Title 58 / Section 58-3040
Gifts
Status: in_force

A. In this section, a gift "for the benefit of" a person

includes a gift to a trust, an account under the Uniform Transfers

to Minors Act (1983/1986), and a tuition savings account or prepaid

tuition plan as defined under Internal Revenue Code Section 529, 26

U.S.C., Section 529, as amended.

Oklahoma Statutes - Title 58. Probate Procedure Page 186

B. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to gifts

authorizes the agent only to:

1. Make outright to, or for the benefit of, a person, a gift of

any of the principal's property, including by the exercise of a

presently exercisable general power of appointment held by the

principal, in an amount per donee not to exceed the annual dollar

limits of the federal gift tax exclusion under Internal Revenue Code

Section 2503(b), 26 U.S.C., Section 2503(b), as amended, without

regard to whether the federal gift tax exclusion applies to the

gift, or if the principal's spouse agrees to consent to a split gift

pursuant to Internal Revenue Code Section 2513, 26 U.S.C., Section

2513, as amended, in an amount per donee not to exceed twice the

annual federal gift tax exclusion limit; and

2. Consent, pursuant to Internal Revenue Code Section 2513, 26

U.S.C., Section 2513, as amended, to the splitting of a gift made by

the principal's spouse in an amount per donee not to exceed the

aggregate annual gift tax exclusions for both spouses.

C. An agent may make a gift of the principal's property only as

the agent determines is consistent with the principal's objectives

if actually known by the agent and, if unknown, as the agent

determines is consistent with the principal's best interest based on

all relevant factors, including:

1. The value and nature of the principal's property;

2. The principal's foreseeable obligations and need for

maintenance;

3. Minimization of taxes, including income, estate,

inheritance, generation-skipping transfer and gift taxes;

4. Eligibility for a benefit, a program or assistance under a

statute or regulation; and

5. The principal's personal history of making or joining in

making gifts.
Okla. Stat. tit. 58, § 58-178 — OK Code / Title 58 / Section 58-178
Bond waived by will
Status: in_force

When it is expressly provided in the will that no bond shall be

required of the executor, letters testamentary may issue and sales

of real estate be made and confirmed without any bond, unless the

court, for good cause, require one to be executed; but the executor

may, at any time afterward, if it appears from any cause necessary

or proper, be required to file a bond as in other cases.
Okla. Stat. tit. 58, § 58-882 — OK Code / Title 58 / Section 58-882
Renumbered as § 4-709 of Title 30 by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 58, § 58-221 — OK Code / Title 58 / Section 58-221
New administrator appointed, when
Status: in_force

If all such executors or administrators die or become incapable,

or the power and authority of all of them are revoked, the proper

court must issue letters of administration, with the will annexed or

otherwise, to the widow or next in kin, or others, in the same order

and manner as is directed in relation to original letters of

administration. The administrators so appointed must give bond in

the like penalty, with like sureties and conditions as hereinbefore

required of administrators, and shall have the like power and

authority.
Okla. Stat. tit. 58, § 58-3036 — OK Code / Title 58 / Section 58-3036
Personal and family maintenance
Status: in_force

A. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to

personal and family maintenance authorizes the agent to:

1. Perform the acts necessary to maintain the customary

standard of living of the principal, the principal's spouse and the

following individuals, whether living when the power of attorney is

executed or later born:

a. the principal's children,

b. other individuals legally entitled to be supported by

the principal, and

c. the individuals whom the principal has customarily

supported or indicated the intent to support;

2. Make periodic payments of child support and other family

maintenance required by a court or governmental agency or an

agreement to which the principal is a party;

3. Provide living quarters for the individuals described in

paragraph 1 of this subsection by:

a. purchase, lease or other contract, or

Oklahoma Statutes - Title 58. Probate Procedure Page 183

b. paying the operating costs, including interest,

amortization payments, repairs, improvements and

taxes, for premises owned by the principal or occupied

by those individuals;

4. Provide normal domestic help, usual vacations and travel

expenses, and funds for shelter, clothing, food, appropriate

education, including postsecondary and vocational education, and

other current living costs for the individuals described in

paragraph 1 of this subsection;

5. Pay expenses for necessary health care and custodial care on

behalf of the individuals described in paragraph 1 of this

subsection;

6. 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, in making decisions

related to the past, present or future payment for the provision of

healthcare consented to by the principal or anyone authorized under

the law of this state to consent to health care on behalf of the

principal;

7. Continue any provision made by the principal for automobiles

or other means of transportation, including registering, licensing,

insuring and replacing them, for the individuals described in

paragraph 1 of this subsection;

8. Maintain credit and debit accounts for the convenience of

the individuals described in paragraph 1 of this subsection and open

new accounts; and

9. Continue payments incidental to the membership or

affiliation of the principal in a religious institution, club,

society, order or other organization or to continue contributions to

those organizations.

B. Authority with respect to personal and family maintenance is

neither dependent upon, nor limited by, authority that an agent may

or may not have with respect to gifts under this act.
Okla. Stat. tit. 58, § 58-61 — OK Code / Title 58 / Section 58-61
Causes for contesting will after probate
Status: in_force

When a will has been admitted to probate, any person interested

therein may at any time within three (3) months from the date the

will was admitted to probate contest the same or the validity of the

will. For that purpose he must file in the court in which the will

was proved a sworn petition in writing containing his allegations,

that evidence discovered since the probate of the will, the material

facts of which must be set forth, shows:

1. That a will of a later date than the one proved by the

decedent, revoking or changing the will, has been discovered, and is

offered; or

2. That some jurisdictional fact was wanting in the probate; or

3. That the testator was not competent, free from duress,

menace, fraud, or undue influence when the will allowed was made; or

4. That the will was not duly executed and attested.
Okla. Stat. tit. 58, § 58-252 — OK Code / Title 58 / Section 58-252
Actions
Status: in_force

Actions for the recovery of any property, real or personal, or

for the possession thereof, and all actions founded upon contracts,

may be maintained by and against executors and administrators in all

cases and in the same courts in which the same might have been

maintained by or against their respective testators and intestates.
Okla. Stat. tit. 58, § 58-1225 — OK Code / Title 58 / Section 58-1225
Inapplicability of law to certain transfers - Effect
Status: in_force

To the extent that the Oklahoma Uniform Transfers to Minors Act,

by virtue of subsection B of Section 23 of this act, does not apply

to transfers made in a manner prescribed in the Oklahoma Uniform

Gifts to Minors Act or to the powers, duties, and immunities

conferred by transfers in that manner upon custodians and persons

dealing with custodians, the repeal of Sections 401 through 410 and

Sections 415 through 419 of Title 60 of the Oklahoma Statutes does

not affect those transfers or those powers, duties, and immunities.
Okla. Stat. tit. 58, § 58-44 — OK Code / Title 58 / Section 58-44
Recording of testimony - Admissibility
Status: in_force

The testimony of any witness or witnesses admitted at a hearing

on a petition to probate a will shall be recorded in one of the

following methods:

Oklahoma Statutes - Title 58. Probate Procedure Page 20

(a) filing with the court clerk a written summary of the

testimony, subscribed and sworn to by each witness in the presence

of a judge having jurisdiction of probate matters; or

(b) having the testimony taken down verbatim in shorthand,

stenotype, or any other method approved by the court; or

(c) having the testimony recorded verbatim by a sound recorder

approved by the court; or

(d) having the testimony recorded verbatim by an official court

reporter.

If the testimony is recorded by one of the methods described in

subdivisions (b) or (c), the same shall be transcribed, subscribed

and sworn to by each witness, and filed with the court clerk. If

the testimony is recorded by the method described in subdivision

(d), the same shall be transcribed and certified by the official

court reporter who took the testimony, and filed with the clerk of

the court. Such evidence shall be admissible in any subsequent

proceedings concerning the validity of the will, or the sufficiency

of the proof if the subscribing witness is dead, or has permanently

left this state.

R.L. 1910, § 6213; Laws 1965, c. 340, § 1, emerg. eff. June 28,

1965; Laws 1974, c. 26, § 1, emerg. eff. April 11, 1974; Laws 1992,

c. 395, § 4, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-510 — OK Code / Title 58 / Section 58-510
Death of claimant
Status: in_force

If the person entitled to the conveyance dies before an

application is filed, as provided in this chapter, or before the

completion of the conveyance, any person entitled to succeed to his

rights in the contract, or the executor or administrator of such

decedent, may, for the benefit of the person or persons so entitled,

commence such proceedings,or pursue any proceedings already

commenced, and the conveyance shall be so made as to vest title in

Oklahoma Statutes - Title 58. Probate Procedure Page 92

the person or persons entitled thereto, or in the executor or

administrator, for their benefit.
Okla. Stat. tit. 58, § 58-3110 — OK Code / Title 58 / Section 58-3110
Disclosure of other digital assets of principal to agent
Status: in_force

Unless otherwise ordered by the court, directed by the

principal, or provided by a power of attorney, a custodian shall

disclose to an agent with specific authority over digital assets or

general authority to act on behalf of a principal, a catalog of

electronic communications sent or received by the principal and

digital assets, other than the content of electronic communications,

of the principal if the agent gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. An original or a copy of the power of attorney that gives

the agent specific authority over digital assets or general

authority to act on behalf of the principal;

3. A certification by the agent, under penalty of perjury, that

the power of attorney is in effect; and

4. If requested by the custodian:

Oklahoma Statutes - Title 58. Probate Procedure Page 199

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

subscriber or account identifier assigned by the

custodian to identify the principal's account, or

b. evidence linking the account to the principal.
Okla. Stat. tit. 58, § 58-218 — OK Code / Title 58 / Section 58-218
Letters of administration revoked on proof of will
Status: in_force

If, after granting letters of administration on the ground of

intestacy, a will of the decedent is duly proved and allowed by the

court, the letters of administration must be revoked, and the power

of the administrator ceases, and he must render an account of his

administration within such time as the court shall direct.
Okla. Stat. tit. 58, § 58-634 — OK Code / Title 58 / Section 58-634
Petition and notice for decree of distribution
Status: in_force

The order or decree may be made on the petition of the executor

or administrator, or any person interested in the estate. Notice of

the application must be given by publication, if the court so

directs. If partition be applied for, as provided in this article,

the decree of distribution shall not divest the court of

Oklahoma Statutes - Title 58. Probate Procedure Page 106

jurisdiction to order partition, unless the estate is finally

closed.
Okla. Stat. tit. 58, § 58-493 — OK Code / Title 58 / Section 58-493
Limitation of action to recover
Status: in_force

No action for the recovery of any estate sold by an executor or

administrator, under the provisions of this chapter, can be

maintained by any heirs, or other persons claiming under the

decedent, unless it be commenced within two (2) years next after the

sale. An action to set aside the sale on the ground of fraud may be

instituted and maintained at any time within two (2) years from the

discovery of the fraud.
Okla. Stat. tit. 58, § 58-1254 — OK Code / Title 58 / Section 58-1254
Revocation or change of grantee beneficiary - Effect of
Status: in_force

will.

A. A designation of the grantee beneficiary may be revoked at

any time prior to the death of the record owner, by executing,

acknowledging and recording in the office of the county clerk in the

county where the real estate is located an instrument revoking the

designation. The signature, consent or agreement of or notice to

the grantee beneficiary or beneficiaries to the revocation is not

required.

B. A designation of the grantee beneficiary may be changed at

any time prior to the death of the record owner, by executing,

acknowledging and recording a subsequent transfer-on-death deed in

accordance with the Nontestamentary Transfer of Property Act. The

signature, consent or agreement of or notice to the grantee

beneficiary or beneficiaries is not required. A subsequent

transfer-on-death beneficiary designation revokes all prior

designations of grantee beneficiary or beneficiaries by the record

owner for the interest in real estate.

C. A transfer-on-death deed executed, acknowledged and recorded

in accordance with the Nontestamentary Transfer of Property Act may

not be revoked by the provisions of a will.
Okla. Stat. tit. 58, § 58-265 — OK Code / Title 58 / Section 58-265
Approval of contract by judge of district court -
Status: in_force

Procedure - Limitation to two thirds of appraised value, exception

as to.

Any contract for the borrowing of money or the mortgaging or

pledging of the assets of the estate for any of the purposes stated

in Section 264 of this title must have the approval of the judge of

the district court having jurisdiction of the settlement of the

estate and the procedure therefor shall be the same procedure as

that provided for in Sections 385-b (as amended), 385-c, and 385-d

of this title, except that personal property may be mortgaged or

pledged as security for such indebtedness without limitation to two-

thirds (2/3) of the appraised value thereof.
Okla. Stat. tit. 58, § 58-3015 — OK Code / Title 58 / Section 58-3015
Exoneration
Status: in_force

A provision in a power of attorney relieving an agent of

liability for breach of duty is binding on the principal and the

principal's successors in interest except to the extent the

provision:

1. Relieves the agent of liability for breach of duty committed

dishonestly, with an improper motive or with reckless indifference

to the purposes of the power of attorney or the best interest of the

principal; or

2. Was inserted as a result of an abuse of a confidential or

fiduciary relationship with the principal.
Okla. Stat. tit. 58, § 58-105 — OK Code / Title 58 / Section 58-105
Death of an executor
Status: in_force

No executor of an executor shall, as such, be authorized to

administer on the estate of the first testator, but on the death of

the sole or surviving executor of any last will, letters of

administration with the will annexed, of the estate of the first

testator, left unadministered, must be issued.
Okla. Stat. tit. 58, § 58-3016 — OK Code / Title 58 / Section 58-3016
Judicial relief
Status: in_force

A. The following persons may petition a court to construe a

power of attorney or review the agent's conduct and grant

appropriate relief:

1. The principal or the agent;

2. A guardian, conservator or other fiduciary acting for the

principal;

3. A person authorized to make health care decisions for the

principal;

4. The principal's spouse, parent or descendant;

5. An individual who would qualify as a presumptive heir of the

principal;

6. A person named as a beneficiary to receive any property,

benefit or contractual right on the principal's death or as a

beneficiary of a trust created by or for the principal that has a

financial interest in the principal's estate;

7. A governmental agency having regulatory authority to protect

the welfare of the principal;

8. The principal's caregiver or another person that

demonstrates sufficient interest in the principal's welfare; and

9. A person asked to accept the power of attorney.

B. Upon motion by the principal, the court shall dismiss a

petition filed under this section, unless the court finds that the

principal lacks capacity to revoke the agent's authority or the

power of attorney.
Okla. Stat. tit. 58, § 58-3012 — OK Code / Title 58 / Section 58-3012
Reimbursement and compensation of agent
Status: in_force

Unless the power of attorney otherwise provides, an agent is

entitled to reimbursement of expenses reasonably incurred on behalf

of the principal and to compensation that is reasonable under the

circumstances.
Okla. Stat. tit. 58, § 58-24.1 — OK Code / Title 58 / Section 58-24.1
Preservation of original will - Removal from custody
Status: in_force

Upon the filing of a petition for the probate of a will and upon

the production of the will, the clerk of the district court shall

safely preserve the original will and shall not permit it to be

removed from the county courthouse building until after a

photographic, photostatic or certified copy thereof has been filed

in the court; provided, however, that after such copy is prepared

and filed, the judge of the district court may, for good cause shown

and upon written order filed with the court clerk, permit the

original will to be removed from the courthouse building.
Okla. Stat. tit. 58, § 58-732 — OK Code / Title 58 / Section 58-732
Appeal does not stay order revoking letters, etc
Status: in_force

An appeal from a decree or order revoking probate of a will,

letters testamentary, letters of administration or letters of

guardianship, or from a decree or order suspending or removing an

executor, administrator or guardian, or removing or suspending a

testamentary trustee or a person appointed by the judge, or

appointing an appraiser of personal property, does not stay the

execution of the decree or order appealed from.
Okla. Stat. tit. 58, § 58-3041 — OK Code / Title 58 / Section 58-3041
Statutory power of attorney form
Status: in_force

A document substantially in the following form may be used to

create a statutory power of attorney form that has the meaning and

effect prescribed by this act.

OKLAHOMA

STATUTORY POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to

make decisions concerning your property for you (the principal).

Your agent will be able to make decisions and act with respect to

your property (including your money) whether or not you are able to

act for yourself. The meaning of authority over subjects listed on

Oklahoma Statutes - Title 58. Probate Procedure Page 187

this form is explained in the Uniform Power of Attorney Act, Section

3001 et seq. of Title 58 of the Oklahoma Statutes.

This power of attorney does not authorize the agent to make health

care decisions for you.

You should select someone you trust to serve as your agent. Unless

you specify otherwise, generally the agent's authority will continue

until you die or revoke the power of attorney or the agent resigns

or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state

otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to

name more than one agent you may name a coagent in the Special

Instructions. Coagents are not required to act together unless you

include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of

attorney will end unless you have named a successor agent. You may

also name a second successor agent.

This power of attorney becomes effective immediately unless you

state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority

you are granting to your agent, you should seek legal advice before

signing this form.

DESIGNATION OF AGENT

I, _______________________________________________,

(Name of Principal)

name the following person as my agent:

Name of Agent:______________________________________________________

Agent's Address:____________________________________________________

Agent's Telephone Number:___________________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my

successor agent:

Name of Successor Agent:____________________________________________

Successor Agent's Address:__________________________________________

Successor Agent's Telephone Number:_________________________________

If my successor agent is unable or unwilling to act for me, I name

as my second successor agent:

Name of Second Successor Agent:_____________________________________

Second Successor Agent's Address:___________________________________

Second Successor Agent's Telephone Number:__________________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act

for me with respect to the following subjects as defined in the

Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of

the Oklahoma Statutes:

(INITIAL each subject you want to include in the agent's general

authority. If you wish to grant general authority over all of the

Oklahoma Statutes - Title 58. Probate Procedure Page 188

subjects you may initial "All Preceding Subjects" instead of

initialing each subject.)

(___) Real Property

(___) Tangible Personal Property

(___) Stocks and Bonds

(___) Commodities and Options

(___) Banks and Other Financial Institutions

(___) Operation of Entity or Business

(___) Insurance and Annuities

(___) Estates, Trusts and Other Beneficial Interests

(___) Claims and Litigation

(___) Personal and Family Maintenance

(___) Benefits from Governmental Programs or Civil or Military

Service

(___) Retirement Plans

(___) Taxes

(___) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS

I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the

authority to take actions that could significantly reduce your

property or change how your property is distributed at your death.

INITIAL ONLY the specific authority you WANT to give your agent.)

(___) Create, amend, revoke or terminate an inter vivos trust

(___) Make a gift, subject to the limitations of the Uniform Power

of Attorney Act, Section 3040 of Title 58 of the Oklahoma

Statutes and any special instructions in this power of

attorney

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation

(___) Authorize another person to exercise the authority granted

under this power of attorney

(___) Waive the principal's right to be a beneficiary of a joint and

survivor annuity, including a survivor benefit under a

retirement plan

(___) Exercise fiduciary powers that the principal has authority to

delegate

(___) Access the content of electronic communications

(___) Disclaim or refuse an interest in property, including a power

of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse or descendant MAY NOT use

my property to benefit the agent or a person to whom the agent owes

an obligation of support unless I have included that authority in

the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

Oklahoma Statutes - Title 58. Probate Procedure Page 189

You may give special instructions on the following lines:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated

otherwise in the Special Instructions.

NOMINATION OF GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a guardian of my

estate or guardian of my person, I nominate the following person(s)

for appointment:

Name of Nominee for guardian of my estate:

_______________________________________

Nominee's Address: ____________________________________________

Nominee's Telephone Number:_________________________________________

Name of Nominee for guardian of my person:__________________________

Nominee's Address: ____________________________________________

Nominee's Telephone Number:_________________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this

power of attorney or a copy of it unless that person knows it has

terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

____________________________________________ _______________

Your Signature Date

____________________________________________

Your Name Printed

____________________________________________

Your Address

____________________________________________

Your Telephone Number

State of ____________________________

County of ___________________________

This document was acknowledged before me on _______________

(Date)

by ______________________________________.

(Name of Principal)

____________________________________________ (Seal, if any)

Signature of Notary ____________________________________________

My commission expires: _______________

This document prepared by: ______________________________________

IMPORTANT INFORMATION FOR AGENT

Oklahoma Statutes - Title 58. Probate Procedure Page 190

Agent's Duties

When you accept the authority granted under this power of attorney,

a special legal relationship is created between you and the

principal. This relationship imposes upon you legal duties that

continue until you resign or the power of attorney is terminated or

revoked. You must:

1. Do what you know the principal reasonably expects you to do

with the principal's property or, if you do not know the

principal's expectations, act in the principal's best

interest;

2. Act in good faith;

3. Do nothing beyond the authority granted in this power of

attorney; and

4. Disclose your identity as an agent whenever you act for the

principal by writing or printing the name of the principal

and signing your own name as "agent" in the following

manner:

(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state

otherwise, you must also:

1. Act loyally for the principal's benefit;

2. Avoid conflicts that would impair your ability to act in the

principal's best interest;

3. Act with care, competence and diligence;

4. Keep a record of all receipts, disbursements and

transactions made on behalf of the principal;

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

care decisions for the principal to do what you know the

principal reasonably expects or, if you do not know the

principal's expectations, to act in the principal's best

interest; and

6. Attempt to preserve the principal's estate plan if you know

the plan and preserving the plan is consistent with the

principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any

event that terminates this power of attorney or your authority under

this power of attorney. Events that terminate a power of attorney

or your authority to act under a power of attorney include:

1. Death of the principal;

2. The principal's revocation of the power of attorney or your

authority;

3. The occurrence of a termination event stated in the power of

attorney;

4. The purpose of the power of attorney is fully accomplished;

or

Oklahoma Statutes - Title 58. Probate Procedure Page 191

5. If you are married to the principal, a legal action is filed

with a court to end your marriage, or for your legal

separation, unless the Special Instructions in this power of

attorney state that such an action will not terminate your

authority.

Liability of Agent

The meaning of the authority granted to you is defined in the

Uniform Power of Attorney Act, Section 3001 et seq. of Title 58 of

the Oklahoma Statutes. If you violate the Uniform Power of Attorney

Act, Section 3001 et seq. of Title 58 of the Oklahoma Statutes, or

act outside the authority granted, you may be liable for any damages

caused by your violation.

If there is anything about this document or your duties that you do

not understand, you should seek legal advice.
Okla. Stat. tit. 58, § 58-294 — OK Code / Title 58 / Section 58-294
Trial and judgment
Status: in_force

If the person so cited refuses to appear and submit to an

examination, or to answer such interrogatories as may be put to him

touching the matters or the complaint, the court may, by warrant for

that purpose, commit him to the county jail, there to remain in

close custody until he submits to the order of the court or is

discharged according to law. If, upon such examination, it appears

that he has concealed, embezzled, smuggled, conveyed away, or

Oklahoma Statutes - Title 58. Probate Procedure Page 57

disposed of any monies, goods or chattels of the decedent, or that

he has in his possession or knowledge any deeds, conveyances, bonds,

contracts or other writings, tending to disclose the right, title,

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

claim or demand, or any lost will of the decedent, the district

court may make an order requiring such person to disclose his

knowledge thereof to the executor or administrator, and may commit

him to the county jail, there to remain until the order is complied

with, or he is dischared according to law; and all such

interrogatories and answers must be in writing, signed by the party

examined, and filed in the district court. The order for such

disclosure made upon such examination is prima facie evidence of the

right of such administrator to such property in any action brought

for the recovery thereof, and any judgment recovered therein by the

administrator must be for double the value of the property as

assessed by the court or jury in such action; or for return of the

property and damages in addition thereto equal to the value of such

property. In addition to the examination of the party, witnesses

may be produced and examined on either side.
Okla. Stat. tit. 58, § 58-962 — OK Code / Title 58 / Section 58-962
Setting for hearing - Notice - Finding - Order
Status: in_force

Upon the filing of such petition the district court in which

said estate of said decedent, minor or incompetent person is being

administered shall set the matter for hearing not less than four (4)

weeks after the date of filing said petition, and notice thereof

shall be given to the heirs, devisees and legatees of said decedent,

or the next of kin of said minor or incompetent person, whose names

and addresses are known, by mail not less than twenty (20) days

prior to said hearing, and by publication for not less than three

(3) consecutive weeks prior to such hearing as to heirs, devisees

and legatees of said deceased person, or the next of kin of said

minor or incompetent person whose names and addresses be not known.

If the court shall find upon hearing that it is necessary for

the preservation of the value of said property, or its rental value,

to lease said property, the court shall direct that the

administrator, administrator with will annexed or executor of such

deceased person, or the guardian of such minor or incompetent person

shall advertise that said property will be leased on the best terms

available, subject to confirmation by court, and that said proposed

lease or leases shall be presented to the court at the date therein

fixed, not less than four (4) weeks following the date of said

order, and notice of said proposed leasing shall be given by

publication for not less than three (3) consecutive weeks and by

mailing a copy of such notice to the heirs, devisees and legatees of

such deceased person, or the next of kin of such minor incompetent

person, whose names and addresses are known, not less than twenty

(20) days prior to the date fixed.
Okla. Stat. tit. 58, § 58-3018 — OK Code / Title 58 / Section 58-3018
Agent's resignation - Notice
Status: in_force

Unless the power of attorney provides a different method for an

agent's resignation, an agent may resign by giving notice to the

principal and, if the principal is incapacitated:

1. To the guardian, if one has been appointed for the

principal, and a coagent or successor agent; or

2. If there is no person described in paragraph 1 of this

section, to:

a. the principal's caregiver,

b. another person reasonably believed by the agent to

have sufficient interest in the principal's welfare,

or

c. a governmental agency having authority to protect the

welfare of the principal.
Okla. Stat. tit. 58, § 58-27 — OK Code / Title 58 / Section 58-27
Powers of judge at chambers
Status: in_force

The judge of the district court may, at any time, receive

petitions for the probate of wills, make and issue all necessary

orders and writs to enforce the production of wills and the

attendance of witnesses, hear petitions, trials of issues, admit

wills to probate, and do all other things coming under his probate

jurisdiction.
Okla. Stat. tit. 58, § 58-43 — OK Code / Title 58 / Section 58-43
Witnesses on trial of contest - Depositions
Status: in_force

If the will is contested, all the subscribing witnesses who are

present in the county, and who are of sound mind, must be produced

and examined; and the death, absence or insanity of any of them must

be satisfactorily shown to the court. If none of the subscribing

witnesses reside in the county, and are not present at the time

appointed for proving the will, or although such witnesses reside in

the county and are insane or incompetent, and such facts are first

made to appear to the court, either in contested or noncontested

will cases, the court may admit the testimony of other witnesses to

prove the sanity of the testator and the execution of the will and,

as evidence of the execution, it may admit proof of the handwriting

of the testator and of the subscribing witnesses, or any of them.

Provided that when the testimony of any nonresident witness or

witnesses residing out of the county wherein any will is sought to

be admitted to probate, may be desired, touching the execution of

such will, either in contested or noncontested will cases, it shall

be lawful for the party seeking to have such will admitted to

probate, or resisting the same in the district court, to cause the

deposition of such witness to be taken in like manner, as now is or

hereafter may be provided in civil cases; and the court may, in its

discretion, direct the original of such will to be attached to any

commission issued in such case; and the deposition of any such

witness taken, certified and returned, according to law, shall be of

like force and effect as if his testimony had been heard in the

court; provided, that before any such original will shall be

suffered to be attached to any such commission, a photostatic or

certified copy thereof shall be made and examined, and certified by

the judge to be a true copy of the original, and until the return of

such original, such copy shall be retained in the office of the

judge, in lieu of such original will; and if such will be admitted

to probate, the same may, in case of the loss or destruction of the

original thereof, be recorded from such certified copy. Provided,

further, that in all cases where wills have heretofore been proved

in substantial compliance with the provisions hereof, such proof is

hereby validated.
Okla. Stat. tit. 58, § 58-107 — OK Code / Title 58 / Section 58-107
Two or more personal representatives
Status: in_force

A. When all the executors named are not appointed by the court,

those appointed have the same authority to perform all the acts and

discharge the trust required by the will, as effectually for every

purpose as if all were appointed and should act together.

B. When there are two personal representatives:

1. if one of such personal representatives is laboring under

any legal disability from serving, the act of the other shall be

effectual; or

2. if one of such personal representatives has given his

copersonal representative authority, in writing, to act for both,

the act of the copersonal representative having such authority in

writing shall be effectual.

C. When there are more than two personal representatives, the

act of a majority of them is valid.
Okla. Stat. tit. 58, § 58-462 — OK Code / Title 58 / Section 58-462
Sale of property under the will - Confirmation
Status: in_force

When property is directed or authorized by the will to be sold

or dealt with in any other manner by the executor, the executor may

sell or otherwise deal with any property of the estate without the

order of the court on such basis and on such terms as the executor

may determine; but the executor must make return of such sales as in

other cases, unless the sale is made pursuant to Section 239 of this

title. If directions are given in the will as to mode of selling,

or the particular property to be sold, such directions must be

observed. No title passes unless the sale is confirmed by the

court, except if the sale was made pursuant to Section 239 of this

title, then no confirmation of the sale by the court is necessary.
Okla. Stat. tit. 58, § 58-427 — OK Code / Title 58 / Section 58-427
Objections to confirmation of return
Status: in_force

When return of the sale is made and filed, any person interested

in the estate may file written objections to the confirmation

thereof, and may be heard thereon when the return is heard by the

court or judge, and may produce witnesses in support of his

objections.
Okla. Stat. tit. 58, § 58-691 — OK Code / Title 58 / Section 58-691
Discharge of representative
Status: in_force

When the estate has been fully administered, and it is shown by

the executor and administrator, by the production of satisfactory

vouchers, that he has paid all sums of money due from him, and

delivered up under the order of the court, all the property of the

estate to the parties entitled, and performed all the acts lawfully

Oklahoma Statutes - Title 58. Probate Procedure Page 111

required of him, the court must make a judgment or decree

discharging him from all liability to be incurred thereafter.
Okla. Stat. tit. 58, § 58-545 — OK Code / Title 58 / Section 58-545
Contest of the exhibit - Examination
Status: in_force

When an exhibit is rendered by an executor or administrator, any

person interested may appear, and by objections in writing, contest

any account or statement therein contained. The court may examine

the executor or administrator, and if he has been guilty of neglect,

or has wasted, embezzled, or mismanaged the estate, his letters must

be revoked.
Okla. Stat. tit. 58, § 58-385b — OK Code / Title 58 / Section 58-385b
Petition - Contents - Time for filing - Limitations
Status: in_force

To obtain an order for mortgaging such real estate for the

purpose and under the provisions hereof, the administrator or

executor must present a verified petition to the district court, or

to the judge thereof, setting forth a description of the property,

real and personal, on hand and undisposed of, the legally

established debts outstanding and unpaid, the legally ordered family

allowance due and unpaid, if any, the amount of the charges and

expenses of administration, the names and addresses of the heirs,

devisees and legatees of the decedent, and the specific reason why

it will be to the best interest of said estate to mortgage, rather

than to sell, such real estate or a part thereof. Such petition to

mortgage shall not be filed and the authority therefor shall not be

given or order therefor made, until after the time within which to

present claims has expired. Such authority shall not be given or

order made therefor, and no mortgage on any real estate shall be

made, given, executed or delivered under the provisions hereof, for

an amount in excess of two-thirds (2/3) of the appraised value

thereof, as established by an appraisal made by three disinterested

citizens of the county within one (1) year of the time of making

such order to mortgage.
Okla. Stat. tit. 58, § 58-525 — OK Code / Title 58 / Section 58-525
Expenses and compensation
Status: in_force

He shall be allowed all necessary expenses in the care,

management and settlement of the estate, and for his services such

fees as are provided in this chapter, but when the decedent, by his

will, makes some other provision for the compensation of his

executor, that shall be a full compensation for his services, unless

by a written instrument, filed in the district court, he renounces

all claim for compensation provided by the will.
Okla. Stat. tit. 58, § 58-385c — OK Code / Title 58 / Section 58-385c
Hearing on petition - Notice
Status: in_force

If it appears to the court, from such verified petition and the

evidence that it is necessary and for the best interest of said

estate to mortgage the whole of such real estate or any part

thereof, except the homestead, for the purposes and reasons herein

set forth, the county judge of the district court shall by order set

a time for hearing the petition and shall give and issue notice

thereof and cause copies of such notice to be mailed to each of the

heirs at law, devisees, and legatees of the decedent, whose

addresses are known, at least fifteen (15) days prior to such

hearing, and shall cause notice thereof to be published in a

newspaper of general circulation in the county where said hearing is

to be held for two (2) weeks in a weekly paper, or ten (10) days in

a daily paper, prior to such hearing. The notice shall contain a

description of the property sought to be mortgaged, the amount of

the proposed mortgage and the purpose or purposes therefor.
Okla. Stat. tit. 58, § 58-581 — OK Code / Title 58 / Section 58-581
Investment of funds
Status: in_force

A. Pending the settlement of any estate on the petition of the

personal representative or any heir, legatee or devisee of the

decedent, the court may order any money in the hands of the personal

representative to be invested for the benefit of the estate, in

United States Government obligations, in the form of securities of,

or other interests in, any open-end or closed-end management type

investment company or investment trust registered under the

Investment Company Act of 1940; provided, that the portfolio of such

investment company or investment trust is limited to United States

Government obligations and to repurchase agreements fully

collateralized by such United States Government obligations, and

provided further, that any such investment company or investment

trust shall take delivery of such collateral, either directly or

through an authorized custodian. Such order can only be made after

such notice of the petition to the heirs, legatees, devisees, or

personal representative as the court may direct.

B. Pending the settlement of any estate, the personal

representative, unless expressly provided to the contrary in the

will of the decedent, may invest estate funds in United States

government obligations directly and in accounts fully insured by the

United States government, without any order of the court.
Okla. Stat. tit. 58, § 58-674 — OK Code / Title 58 / Section 58-674
Agent to render account
Status: in_force

The agent must render to the district court appointing him,

annually, an account, showing:

1. The value and character of the property received by him,

what portion thereof is still on hand, what sold, and for what.

2. The income derived therefrom.

3. The taxes and assessments imposed thereon, for what, and

whether paid or unpaid.

4. Expenses incurred in the care, protection and management

thereof, and whether paid or unpaid.

When such account is filed, the district court may examine

witnesses and take proofs in regard to it; and if satisfied from

such accounts and proofs that it will be for the benefit and

advantage of the persons interested therein, the court may, by

order, direct a sale to be made of the whole or such parts of the

real or personal property as shall appear to be proper, and the

purchase money to be deposited in the State Treasury, to be

Oklahoma Statutes - Title 58. Probate Procedure Page 108

receipted for and the receipts filed as in like cases before

provided.
Okla. Stat. tit. 58, § 58-485 — OK Code / Title 58 / Section 58-485
Sale of land subject to mortgage
Status: in_force

When any sale is made by an executor or administrator, pursuant

to the provisions of this chapter, of lands subject to any mortgage

or other lien, which is a valid claim against the estate of the

decedent and has been presented and allowed, the purchase money must

be applied, after paying the necessary expenses of the sale, first

to the payment and satisfaction of the mortgage or lien, and the

residue, if any, in due course of administration. The application

of the purchase money to the satisfaction of the mortgage or lien

must be made without delay; and the land is subject to such mortgage

or lien until the purchase money has been actually so applied. No

claim against any estate which has been presented and allowed is

affected by the statute of limitations, pending the proceedings for

the settlement of the estate. The purchase money, or so much

thereof as may be sufficient to pay such mortgage or lien, with

interest, and any lawful costs and charges thereon, may be paid into

the district court, to be received by the judge thereof, whereupon

Oklahoma Statutes - Title 58. Probate Procedure Page 88

the mortgage or lien upon the land must cease, and the purchase

money must be paid over by the judge without delay, in payment of

the expenses of the sale and in satisfaction of the debt, to secure

which the mortgage or other lien was taken, and the surplus, if any,

at once returned to the executor or administrator, unless, for good

cause shown, after notice to the executor or administrator, the

judge otherwise directs.
Okla. Stat. tit. 58, § 58-483 — OK Code / Title 58 / Section 58-483
What bond must specify
Status: in_force

The bond must be conditioned that the purchaser will make all

payments for such land that become due after the date of the sale,

and will fully indemnify the executor or administrator and the

persons so entitled against all demands, costs, charges and expenses

by reason of any covenant or agreement contained in such contract.
Okla. Stat. tit. 58, § 58-596 — OK Code / Title 58 / Section 58-596
Payment of unmatured, contingent, or disputed claims
Status: in_force

Subject to the provisions of Section 5 of Title 46 of the

Oklahoma Statutes, if there is any claim not due, or any contingent

or disputed claim against the estate, the court may direct that the

amount thereof, or such part of the same as the holder would be

entitled to if the claim were due, established or absolute, be paid

into the court, and there remain, to be paid over to the party when

he becomes entitled thereto, or the court may direct that such claim

be satisfied in some other manner as determined by the court in its

discretion; or, if the party fails to establish his claim, to be

paid over or distributed as the circumstances of the estate require.

If any creditor whose claim has been allowed, but is not yet due,

appears and assents to a deduction therefrom of the legal interest

for the time the claim has yet to run, he is entitled to be paid

accordingly. The payments provided for in this section are not to

be made when the estate is insolvent, unless a pro rata distribution

is ordered.

R.L. 1910, § 6452; Laws 1992, c. 395, § 11, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-731 — OK Code / Title 58 / Section 58-731
Appeal does not stay issue of letters
Status: in_force

An appeal from the decree or order admitting a will to probate,

or granting letters testamentary, or letters of administration, does

not stay the issuing of letters where, in the opinion of the judge,

manifested by an entry upon the minutes of the court, the

preservation of the estate requires that such letters should issue.

But the letters so issued do not confer power to sell real property

by virtue of any provision in the will, or to pay or satisfy

legacies or to distribute the property of the decedent among the

next of kin, until the final determination of the appeal.
Okla. Stat. tit. 58, § 58-339 — OK Code / Title 58 / Section 58-339
Suit on rejected claim
Status: in_force

When a claim is rejected, either by the executor or

administrator, or the judge of the district court, the holder may

bring suit as an ancillary proceeding in the probate case or as an

independent action, according to its amount, against the executor or

administrator. Any proceeding or action shall be filed within

forty-five (45) days after the date the claim was rejected, if it be

then due, or within two (2) months after it becomes due; otherwise

the claim is forever barred. If suit be brought as an ancillary

proceeding, no process need be issued for service on the executor or

administrator and pleadings and practice therein shall be the same

as if an independent action had been brought to recover upon the

claim.
Okla. Stat. tit. 58, § 58-1216 — OK Code / Title 58 / Section 58-1216
Expenses and compensation of custodian - Bond
Status: in_force

A. A custodian is entitled to reimbursement from custodial

property for reasonable expenses incurred in the performance of the

custodian's duties.

B. Except for one who is a transferor pursuant to the

provisions of Section 5 of this act, a custodian has a noncumulative

election during each calendar year to charge reasonable compensation

for services performed during that year.

C. Except as provided for in subsection F of Section 19 of this

act, a custodian need not give a bond.
Okla. Stat. tit. 58, § 58-91 — OK Code / Title 58 / Section 58-91
Nuncupative wills, how proved
Status: in_force

Nuncupative wills may, at any time within six (6) months after

the testamentary words are spoken by the decedent, be admitted to

probate on petition and notice as provided for the probate of wills

executed in writing. The petition, in addition to the

jurisdictional facts, must allege that the testamentary words, or

the substance thereof, were reduced to writing within thirty (30)

days after they were spoken, which writing must accompany the

petition.
Okla. Stat. tit. 58, § 58-313 — OK Code / Title 58 / Section 58-313
Homestead exempt from debt or liability
Status: in_force

The homestead is not subject to the payment of any debt or

liability contracted by or existing against the husband and wife, or

either of them, previous to or at the time of the death of such

husband or wife, except such as are secured by lien thereon, as

provided in the laws relating to homesteads.
Okla. Stat. tit. 58, § 58-414 — OK Code / Title 58 / Section 58-414
Notice of order
Status: in_force

The court shall cause copies of the order to show cause to be

published once in a newspaper and the hearing shall be held not less

than ten (10) days from the date of publication of the notice. The

court clerk, deputy court clerk, or an attorney shall mail a copy of

the order to all of the then known heirs, legatees, devisees, or

their guardians , whose addresses are known, at least ten (10) days

prior to the date set for hearing. The hearing shall not be held

less than ten (10) days from the date of mailing of the order. If

the executor or administrator files a verified petition for the

sale, setting forth therein the name or names of all of the known

heirs, legatees, and devisees obtainable by exercise of due

diligence, all of whom have joined in the petition or have signified

in writing their assent thereto, no notice shall be required and the

court shall proceed forthwith to hear the petition.

R.L. 1910, § 6374. Amended by Laws 1953, p. 238, § 29; Laws 1957,

p. 462, § 1; Laws 1959, p. 222, § 1; Laws 1963, c. 68, § 1, emerg.

Oklahoma Statutes - Title 58. Probate Procedure Page 80

eff. May 15, 1963; Laws 1969, c. 302, § 14, eff. Jan. 1, 1970; Laws

1995, c. 286, § 12, eff. July 1, 1995.
Okla. Stat. tit. 58, § 58-652 — OK Code / Title 58 / Section 58-652
Partition of common and undivided estates - Procedure
Status: in_force

Whenever an estate, or any part thereof, consisting of either

real or personal property, is assigned by the decree of distribution

to two or more persons, in common and undivided, such estate may be

partitioned in the same proceeding on the petition of any interested

person in the manner provided by 12 O.S.1961, Sections 1501 et seq.
Okla. Stat. tit. 58, § 58-3118 — OK Code / Title 58 / Section 58-3118
Relation of act to Electronic Signatures in Global and
Status: in_force

National Commerce Act.

This act modifies, limits, or supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C., Section

7001 et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C., Section 7001(c), or authorize

Oklahoma Statutes - Title 58. Probate Procedure Page 203

electronic delivery of any of the notices described in Section

103(b) of that act, 15 U.S.C., Section 7003(b).
Okla. Stat. tit. 58, § 58-380 — OK Code / Title 58 / Section 58-380
Short title
Status: in_force

This act shall be known and may be cited as the Probate Reform

Act of 1979.
Okla. Stat. tit. 58, § 58-963 — OK Code / Title 58 / Section 58-963
Presentation of proposed lease to court - Review by court
Status: in_force

- Approval - Bond.

On the date fixed in the notice in the last preceding section,

if a proposed lease, or leases, shall have been presented to the

Oklahoma Statutes - Title 58. Probate Procedure Page 136

administrator, administrator with will annexed, executor, or

guardian which shall meet with the approval of said administrator,

administrator with will annexed, executor or guardian he shall

present the same to the district court administering the estate of

said decedent or minor or incompetent person, and on said date the

district court shall review the said proposed lease or leases which

shall have been approved by said administrator, administrator with

will annexed, executor or guardian, and any objections interposed

thereto, and shall ascertain whether it shall be to the best

interest of the estate of said deceased person, minor or incompetent

to enter into said proposed lease, or any of said proposed leases,

and, if it shall be to the best interest of the estate of said

deceased person, minor or incompetent person shall approve that one

which shall in the opinion of said district court be most

advantageous to the estate of said deceased person, or minor or

incompetent person. The court shall direct the administrator,

administrator with will annexed, executor or guardian to execute the

lease upon there being furnished to him a bond, conditioned for

faithful performance of said lease by the lessee, in a sum equal to

one-fifth (1/5) of the total rental to be paid under said lease, or

the rental for two (2) years, or the value of the improvements

agreed to be placed upon said leased property by the lessee,

whichever is the greater. In case said lease shall not have a

definite sum upon which to base such percentage the district court

shall estimate the amount of the prospective rental for the lease

period and fix the bond accordingly.
Okla. Stat. tit. 58, § 58-526 — OK Code / Title 58 / Section 58-526
Cannot purchase claims
Status: in_force

No administrator or executor shall purchase any claim against

the estate he represents; and if he pays any claim for less than its

nominal value, he is only entitled to charge in his account the

amount he actually paid.
Okla. Stat. tit. 58, § 58-512 — OK Code / Title 58 / Section 58-512
Transfer of property to governmental entities - Approval
Status: in_force

by district court.

In any proceedings involving any estate which is being probated,

or when a minor or incompetent person has a legal guardian, the

administrator or executor of such estate, or the guardian of such

minor or incompetent person, shall have authority to execute all

instruments of conveyance of any degree of title to the State of

Oklahoma or any agency or political subdivision thereof, or the

United States Government or any agency thereof, on behalf of said

estate, minor or incompetent person without other proceedings than

approval by the judge of the district court endorsed on said

instruments of conveyance and the amount of consideration shown

thereon.
Okla. Stat. tit. 58, § 58-82 — OK Code / Title 58 / Section 58-82
Special requisites of proof
Status: in_force

No will shall be proved as a lost or destroyed will, unless the

same is proved to have been in existence at the time of the death of

the testator or is shown to have been fraudulently destroyed in the

lifetime of the testator, nor unless its provisions are clearly and

distinctly proved by at least two credible witnesses. For purposes

of this section, a copy of the alleged lost or destroyed will can be

admitted into evidence, whether or not the copy reflects the

signature or signatures appearing on the original will, if the copy

is properly identified, and the court shall determine what probative

value, if any, is to be assigned to such copy.

R.L. 1910, § 6227; Laws 1993, c. 345, § 6, eff. Sept. 1, 1993.
Okla. Stat. tit. 58, § 58-3037 — OK Code / Title 58 / Section 58-3037
Benefits from governmental programs or civil or military
Status: in_force

service.

A. In this section, "benefits from governmental programs or

civil or military service" means any benefit, program or assistance

provided under a statute or regulation including Social Security,

Medicare and Medicaid.

B. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to

benefits from governmental programs or civil or military service

authorizes the agent to:

Oklahoma Statutes - Title 58. Probate Procedure Page 184

1. Execute vouchers in the name of the principal for allowances

and reimbursements payable by the United States or a foreign

government or by a state or subdivision of a state to the principal,

including allowances and reimbursements for transportation of the

individuals described in paragraph 1 of subsection A of Section 36

of this act and for shipment of their household effects;

2. Take possession and order the removal and shipment of

property of the principal from a post, warehouse, depot, dock or

other place of storage or safekeeping, either governmental or

private, and execute and deliver a release, voucher, receipt, bill

of lading, shipping ticket, certificate or other instrument for that

purpose;

3. Enroll in, apply for, select, reject, change, amend or

discontinue, on the principal's behalf, a benefit or program;

4. Prepare, file and maintain a claim of the principal for a

benefit or assistance, financial or otherwise, to which the

principal may be entitled under a statute or regulation;

5. Initiate, participate in or submit to alternative dispute

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

respect to litigation concerning any benefit or assistance the

principal may be entitled to receive under a statute or regulation;

and

6. Receive the financial proceeds of a claim described in

paragraph 4 of this subsection and conserve, invest, disburse or use

for a lawful purpose anything so received.
Okla. Stat. tit. 58, § 58-527 — OK Code / Title 58 / Section 58-527
Fees and commissions
Status: in_force

A. When no compensation is provided by the will, or the

executor renounces all claim thereto, he must be allowed commissions

upon the amount of the whole estate accounted for by him, excluding

all property not ranked as assets, as follows:

1. For the first thousand dollars, at the rate of five percent

(5%);

2. For the next Five Thousand Dollars ($5,000.00), at the rate

of four percent (4%); and

3. For all amounts above Six Thousand Dollars ($6,000.00), at

the rate of two and one-half percent (2 1/2%); and the same

commission must be allowed administrators.

In all cases such further allowance may be made, as the judge of

the district court may deem just and reasonable, for any

extraordinary service. The total amount of such allowance must not

exceed the amount of commissions allowed by this section.

Oklahoma Statutes - Title 58. Probate Procedure Page 94

B. Co-executors and co-administrators shall be entitled, as a

unit, to the same fee allowable to a single executor or

administrator, which shall be divided among them as the court may

determine, unless they agree to a different division and the

division is approved by the court.

C. An executor or administrator who does not serve during the

entire administration of an estate shall be entitled to only a

portion of the fee provided in subsection A of this section, and

such portion shall be determined by the court in its discretion.

R.L. 1910, § 6427; Laws 1992, c. 395, § 10, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-132 — OK Code / Title 58 / Section 58-132
Letters granted to applicant where no contest
Status: in_force

Letters of administration must be granted to any applicant,

though it appears that there are other persons having better rights

to the administration when such persons fail to appear and claim the

issuing of letters to themselves.
Okla. Stat. tit. 58, § 58-7 — OK Code / Title 58 / Section 58-7
Jurisdiction coextensive with state
Status: in_force

The district court of the county in which application is first

made for letters testamentary or of administration in any of the

cases above mentioned, shall have jurisdiction coextensive with the

State in the settlement of the estate of the decedent and the sale

and distribution of his real estate and excludes the jurisdiction of

the district court of every other county.
Okla. Stat. tit. 58, § 58-385.2 — OK Code / Title 58 / Section 58-385.2
Hearing on guardian's petition - Notice
Status: in_force

If it appears to the court, from such verified petition of the

guardian, and the evidence that it is necessary and for the best

interest of said estate to mortgage the whole of such real estate or

any part thereof, including the homestead, for the purposes and

reasons herein set forth, the court shall by order set a time for

hearing the petition and shall give and issue notice thereof and

cause copies of such notice to be mailed to each of the persons

interested in the estate of said minor, incompetent or mentally ill

person, at their last-known place of residence, at least ten (10)

days prior to such hearing, and shall cause notice thereof to be

Oklahoma Statutes - Title 58. Probate Procedure Page 72

published once each week for two (2) consecutive weeks in a

newspaper in the county where said hearing is to be held prior to

such hearing. The notice shall contain a description of the property

sought to be mortgaged, the amount of the proposed mortgage and the

purpose or purposes therefor.
Okla. Stat. tit. 58, § 58-541 — OK Code / Title 58 / Section 58-541
Accounting - Waiver - Sufficiency
Status: in_force

At the final accounting for settlement of the estate or at any

other time required by the court, either upon its own motion or upon

the application of any person interested in the estate, the executor

or administrator must render, for the information of the court, an

exhibit under oath, showing the amount of money received and

expended by him, the amount of all claims presented against the

estate and the names of the claimants, and all other matters

necessary to show the condition of its affairs; provided, however,

that if waived in writing by all persons entitled to distribution or

if the personal representative is the sole recipient, no itemized

accounting of income and expenses shall be required in the final

accounting. It shall be sufficient for the personal representative

to state under oath that:

1. All income has been properly received and expenses lawfully

made;

2. All allowed and approved claims have been paid;

3. All funeral expenses, taxes and costs of the administrator

have been paid; and

4. The estate is ready for closing.

R.L. 1910, § 6428. Amended by Laws 1994, c. 234, § 1, eff. Sept. 1,

1994.
Okla. Stat. tit. 58, § 58-546 — OK Code / Title 58 / Section 58-546
Penalty for refusal to account after citation. If any executor or administrator neglects or
Status: in_force

refuses to appear and render an exhibit, after having been duly cited, an attachment may be

issued against him and such exhibit enforced, or his letters may be revoked, in the discretion of theexecutor or administrator neglects or refuses to appear and render

an exhibit, after having been duly cited, an attachment may be

issued against him and such exhibit enforced, or his letters may be

revoked, in the discretion of the court.
Okla. Stat. tit. 58, § 58-258 — OK Code / Title 58 / Section 58-258
Compromise with debtors allowable
Status: in_force

Whenever a debtor of a decedent is unable to pay all his debts,

the executor or administrator, with the approbation of the judge of

the district court, may compound with him, and give him a discharge

upon receiving a fair and just dividend of his effects. A

compromise may also be authorized, when it appears to be just and

for the best interest of the estate.
Okla. Stat. tit. 58, § 58-314 — OK Code / Title 58 / Section 58-314
Additional allowance for maintenance during settlement of
Status: in_force

estate.

If the amount set apart as aforesaid be less than that allowed,

and insufficient for the support of the surviving spouse and

children, or either, or, if there be no such personal property to be

set apart, and if there be other estate of the decedent, the court

may in its discretion make such reasonable allowance out of the

Oklahoma Statutes - Title 58. Probate Procedure Page 59

estate as shall be necessary for the maintenance of the family,

according to their circumstances during the progress of the

settlement of the estate, which, in case of an insolvent estate,

must not be longer than one (1) year after granting letters

testamentary, or of administration.
Okla. Stat. tit. 58, § 58-507 — OK Code / Title 58 / Section 58-507
Effect of conveyance
Status: in_force

Every conveyance made pursuant to a decree of the district

court, as provided in this chapter, shall pass the title to the

estate contracted for as fully as if the contracting party himself

was still living and executed the conveyance.
Okla. Stat. tit. 58, § 58-393 — OK Code / Title 58 / Section 58-393
Payment or delivery of property to successor by affidavit
Status: in_force

A. At any time ten (10) or more days after the date of death of

a decedent, any person indebted to the decedent or having possession

of tangible personal property or an instrument evidencing a debt,

obligation, stock, chose in action, or stock brand belonging to the

decedent shall make payment of the indebtedness or shall deliver the

tangible personal property or an instrument evidencing a debt,

obligation, stock, chose in action, or stock brand to a person

claiming to be the successor of the decedent upon being presented an

affidavit made by or on behalf of the successor stating that:

1. The fair market value of property located in this state

owned by the decedent and subject to disposition by will or

intestate succession at the time of the decedent's death, less liens

and encumbrances, does not exceed Fifty Thousand Dollars

($50,000.00);

2. No application or petition for the appointment of a personal

representative is pending or has been granted in any jurisdiction;

3. Each claiming successor is entitled to payment or delivery

of the property in the respective proportions set forth in the

affidavit; and

4. All taxes and debts of the estate have been paid or

otherwise provided for or are barred by limitations.

B. A transfer agent of any security shall change the registered

ownership on the books of a corporation from the decedent to the

successor or successors upon the presentation of an affidavit as

provided in subsection A of this section.

C. The public official having cognizance over the registered

title of any personal property of the decedent shall change the

registered ownership from the decedent to the successor or

successors upon the presentation of an affidavit as provided in

subsection A of this section.

D. At any time after the date of death of a person who was an

owner of a severed mineral interest in real estate, any person who

claims an interest, immediately or remotely, through the decedent

may file with the county clerk of the county where the mineral

interest is located an affidavit of death and heirship in compliance

Oklahoma Statutes - Title 58. Probate Procedure Page 78

with subsection C of Section 67 of Title 16 of the Oklahoma

Statutes. Pursuant to Sections 82 and 83 of Title 16 of the

Oklahoma Statutes, there shall be a rebuttable presumption that the

facts stated in the recorded affidavit are true as they relate to

the severed mineral interest, the death of the decedent, and the

relationships, family history and heirship stated therein.

E. Any person who knowingly submits and signs a false affidavit

as provided in this section shall be fined not more than Three

Thousand Dollars ($3,000.00) or imprisoned for not more than six (6)

months, or both. Restitution of the amount fraudulently attained

shall be made to the rightful beneficiary by the guilty person.
Okla. Stat. tit. 58, § 58-3022 — OK Code / Title 58 / Section 58-3022
Laws applicable to financial institutions and entities
Status: in_force

This act does not supersede any other law applicable to

financial institutions or other entities, and the other law controls

if inconsistent with this act.
Okla. Stat. tit. 58, § 58-912.1 — OK Code / Title 58 / Section 58-912.1
Forms
Status: in_force

The court administrator shall prepare forms for parties using

the procedure under this act, which forms shall be reviewed and

approved by the Supreme Court and thereafter distributed to all

county clerks by the court administrator.
Okla. Stat. tit. 58, § 58-557 — OK Code / Title 58 / Section 58-557
Proof of notice
Status: in_force

The account must not be allowed by the court until it is first

proved that notice has been given as required by this article, and

Oklahoma Statutes - Title 58. Probate Procedure Page 98

the decree must show that such proof was made to the satisfaction of

the court, and is conclusive evidence of the fact.
Okla. Stat. tit. 58, § 58-633 — OK Code / Title 58 / Section 58-633
Delivery of estate to foreign executor or administrator -
Status: in_force

Sale of real estate and delivery of proceeds.

Upon application for distribution, after final settlement of the

accounts of administration, if the decedent was a nonresident of

this state, leaving a will which has been duly proved or allowed in

the state of his residence, and an authenticated copy thereof has

been admitted to probate in this state, or if the decedent died

intestate, and an administrator has been duly appointed and

qualified in the state of his residence, and it is necessary, in

order that the estate, or any part thereof, may be distributed

according to the will, or if the court is satisfied that it is for

the best interests of the estate, that the estate in this state

should be delivered to the executor or administrator in the state or

place of the decedent's residence, the court may order such delivery

to be made, and, if necessary, order a sale of the real estate, and

a like delivery of the proceeds. The delivery, in accordance with

the order of the court, is a full discharge of the executor or

administrator with the will annexed or administrator, in this state,

in relation to all property embraced in such order, which, unless

reversed on appeal binds and concludes all parties in interest.

Sales of real state, ordered by virtue of this section, must be made

in the same manner as other sales of real estate of decedents by

order of the court.
Okla. Stat. tit. 58, § 58-692.1 — OK Code / Title 58 / Section 58-692.1
Title to omitted property without subsequent letters
Status: in_force

In the event any property is not specifically described in the

inventory or in the final decree or in any other part of the

proceedings, if the order or decree names the heirs, or devisees or

legatees and the proportions or parts they are entitled to have

distributed to them in the residue of the estate, the title of said

omitted property is established in the heirs, devisees or legatees

in the proportions or parts named, without the necessity of the

issuing or subsequent letters testamentary, or of administration, or

of administration with the will annexed.
Okla. Stat. tit. 58, § 58-340 — OK Code / Title 58 / Section 58-340
Claims barred by statute not allowed - Hearing before
Status: in_force

judge.

No claim must be allowed by the executor or administrator, or by

the judge, which is barred by the statute of limitations. When a

Oklahoma Statutes - Title 58. Probate Procedure Page 66

claim is presented to the judge for his allowance, he may, in his

discretion, examine the claimant and others, on oath, and hear any

other legal evidence touching the validity of the claim.
Okla. Stat. tit. 58, § 58-1210 — OK Code / Title 58 / Section 58-1210
Creation of custodial property - Transfers
Status: in_force

A. Custodial property is created and a transfer is made

whenever:

1. An uncertificated security or a certificated security in

registered form is either:

Oklahoma Statutes - Title 58. Probate Procedure Page 148

a. registered in the name of the transferor, an adult

other than the transferor, or a trust company,

followed in substance by the words: "as custodian for

__________________ (name of minor) under the Oklahoma

Uniform Transfers to Minors Act"; or

b. delivered if in certificated form, or any document

necessary for the transfer of an uncertificated

security is delivered, together with any necessary

endorsement to an adult other than the transferor or

to a trust company as custodian, accompanied by an

instrument in substantially the form set forth in

subsection B of this section; or

2. Money is paid or delivered or a security held in the name of

a broker, financial institution, or its nominee is transferred to a

broker or financial institution for credit to an account in the name

of the transferor, an adult other than the transferor, or a trust

company, followed in substance by the words: "as custodian for

__________________ (name of minor) under the Oklahoma Uniform

Transfers to Minors Act". Money paid or delivered to a financial

institution as prescribed in this paragraph also may be deposited

using the terms "Payable on Death" or "P.O.D.", in which case, such

deposits shall be payable on the designated minor's death to a trust

designated in the deposit account agreement as the "P.O.D."

beneficiary, or to an individual named beneficiary if living and if

not living, to the named beneficiary's estate, notwithstanding any

provision to the contrary contained in Sections 41 through 57 of

Title 84 of the Oklahoma Statutes. A security held or transferred

as prescribed in this paragraph also may be subject to a beneficiary

designation pursuant to the Oklahoma Uniform TOD Security

Registration Act, in which case, the security shall be transferable

on the designated minor's death to a named beneficiary, if living

and if not living, to the named beneficiary's estate,

notwithstanding any provision to the contrary contained in Sections

41 through 57 of Title 84 of the Oklahoma Statutes; or

3. The ownership of a life or endowment insurance policy or

annuity contract is either:

a. registered with the issuer in the name of the

transferor, an adult other than the transferor, or a

trust company, followed in substance by the words: "as

custodian for __________________ (name of minor) under

the Oklahoma Uniform Transfers to Minors Act"; or

b. assigned in a writing delivered to an adult other than

the transferor or to a trust company whose name in the

assignment is followed in substance by the words: "as

custodian for __________________ (name of minor) under

the Oklahoma Uniform Transfers to Minors Act"; or

Oklahoma Statutes - Title 58. Probate Procedure Page 149

4. An irrevocable exercise of a power of appointment or an

irrevocable present right to future payment under a contract is the

subject of a written notification delivered to the payor, issuer, or

other obligor that the right is transferred to the transferor, an

adult other than the transferor, or a trust company, whose name in

the notification is followed in substance by the words: "as

custodian for __________________ (name of minor) under the Oklahoma

Uniform Transfers to Minors Act"; or

5. An interest in real property is recorded in the name of the

transferor, an adult other than the transferor, or a trust company,

followed in substance by the words: "as custodian for

__________________ (name of minor) under the Oklahoma Uniform

Transfers to Minors Act"; or

6. A certificate of title issued by a department or agency of a

state or of the United States which evidences title to tangible

personal property is either:

a. issued in the name of the transferor, an adult other

than the transferor, or a trust company, followed in

substance by the words: "as custodian for

__________________ (name of minor) under the Oklahoma

Uniform Transfers to Minors Act"; or

b. delivered to an adult other than the transferor or to

a trust company, endorsed to that person followed in

substance by the words: "as custodian for

__________________ (name of minor) under the Oklahoma

Uniform Transfers to Minors Act"; or

7. An interest in any property not described in paragraphs 1,

2, 3, 4, 5 and 6 is transferred to an adult other than the

transferor or to a trust company by a written instrument in

substantially the form set forth in subsection B of this section.

B. An instrument in the following form satisfies the

requirements of subparagraph b of paragraph 1 and paragraph 7 of

subsection A of this section:

"TRANSFER UNDER THE OKLAHOMA UNIFORM TRANSFERS TO MINORS ACT

I, _________________ (name of transferor or name and

representative capacity if a fiduciary) hereby transfer to

__________________ (name of custodian), as custodian for

__________________ (name of minor) under the Oklahoma Uniform

Transfers to Minors Act, the following: (insert a description of the

custodial property sufficient to identify it).

Dated: _________________________

__________________________________________

(Signature)

_________________________ (name of custodian) acknowledges receipt

of the property described above as custodian for the minor named

above under the Oklahoma Uniform Transfers to Minors Act.

Dated: ___________________

Oklahoma Statutes - Title 58. Probate Procedure Page 150

_________________________________________"

(Signature of Custodian)

C. A transferor shall place the custodian in control of the

custodial property as soon as practicable.
Okla. Stat. tit. 58, § 58-423 — OK Code / Title 58 / Section 58-423
Private sale - Notice of - Bids
Status: in_force

When a sale of real property is ordered to be made at private

sale, notice of such sale must be published once each week for two

(2) consecutive weeks in a newspaper in each county in which any

part of the land to be sold is situated, and in the county where the

order is made and by mailing a copy of the notice to all heirs,

legatees and devises of the decedent whose addresses are known. The

notice of sale shall describe the real property to be sold with

common certainty, and must set a day on or after which the sale will

be made, and the place where offers or bids will be received. The

date last referred to must be at least ten (10) days from the first

publication of notice, and the sale must not be made before that

day, but must be made within one (1) year thereafter. The bids or

offers must be in writing, and may be left at the place designated

in the notice or delivered to the executor or administrator

personally at any time after the first publication of notice, and

before the making of the sale.

R.L. 1910, § 6383; Laws 1953, p. 239, § 33; Laws 1955, p. 300, § 4;
Okla. Stat. tit. 58, § 58-3039 — OK Code / Title 58 / Section 58-3039
Taxes
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to taxes

authorizes the agent to:

1. Prepare, sign and file federal, state, local and foreign

income, gift, payroll, property, Federal Insurance Contributions Act

and other tax returns, claims for refunds, requests for extension of

time, petitions regarding tax matters and any other tax-related

documents, including receipts, offers, waivers, consents, including

consents and agreements under Internal Revenue Code Section 2032A,

26 U.S.C., Section 2032A, as amended, closing agreements, and any

power of attorney required by the Internal Revenue Service or other

taxing authority with respect to a tax year upon which the statute

of limitations has not run and the following twenty-five (25) tax

years;

2. Pay taxes due, collect refunds, post bonds, receive

confidential information and contest deficiencies determined by the

Internal Revenue Service or other taxing authority;

3. Exercise any election available to the principal under

federal, state, local or foreign tax law; and

4. Act for the principal in all tax matters for all periods

before the Internal Revenue Service or other taxing authority.
Okla. Stat. tit. 58, § 58-424 — OK Code / Title 58 / Section 58-424
Relationship of sale price to appraisement - Exception of
Status: in_force

sale under authority of will.

No sale of real estate at private sale shall be confirmed by the

court unless the sum offered is at least ninety percent (90%) of the

appraised value thereof, nor unless such real estate has been

appraised within one (1) year of the time of such sale. If it has

not been so appraised, or if the court is satisfied that the

appraisement is too high or too low, appraisers must be appointed,

and they must make an appraisement thereof in the same manner as in

case of an original appraisement of an estate. This may be done at

any time before the sale or the confirmation thereof. Provided,

Oklahoma Statutes - Title 58. Probate Procedure Page 83

that this section shall not apply to property sold under authority

or direction of a will.
Okla. Stat. tit. 58, § 58-929.4 — OK Code / Title 58 / Section 58-929.4
Hearing - Appearances - Approval
Status: in_force

On the date and at the place specified in the notice the court

shall examine the application for approval of said sale or agreement

or both, and all evidence presented in support thereof and in

opposition thereto. Any interested person may appear and show cause

why such application should not be approved. If the court finds at

such hearing that the sale or agreement, or both, is to the best

interests of the estate of the decedent or ward he shall enter an

order approving said application. Where an application covers both

a sale and an agreement or more than one agreement, the application

may be approved in part and denied in part. The court shall endorse

his approval on any assignment, conveyance or agreement confirmed at

said hearing.
Okla. Stat. tit. 58, § 58-257 — OK Code / Title 58 / Section 58-257
Joinder of parties
Status: in_force

In actions by or against executors, it is not necessary to join

those as parties to whom letters were issued, but who have not

qualified.
Okla. Stat. tit. 58, § 58-295 — OK Code / Title 58 / Section 58-295
Account by third person entrusted with property
Status: in_force

The judge of the district court, upon the complaint, on oath, of

any executor oradministrator, may cite any person who has been

entrusted with any part of the estate of the decedent, to appear

before such court, and require him to render a full account, on

oath, of any monies, goods, chattels, bonds, accounts, or other

property or papers belonging to the estate which have come to his

possession in trust for the executor or administrator, and of

proceedings thereon; and if the person so cited refuses to appear

and render such account, the court may proceed against him as

provided in the preceding section.
Okla. Stat. tit. 58, § 58-928 — OK Code / Title 58 / Section 58-928
Unitizing with adjacent lands
Status: in_force

Administrators and executors of the estates of deceased persons

and the guardians of the estates of minors and incompetents where

such estates include lands, or mineral interests therein, leased for

oil and gas purposes are hereby authorized, with the approval of the

district court having jurisdiction of the estate involved, to enter

into agreements unitizing any part or all of such lands or mineral

interests with adjacent lands so that the entire unitized tract may

be developed and operated thereafter as a unit for the production of

oil and gas, or either of them.
Okla. Stat. tit. 58, § 58-1213 — OK Code / Title 58 / Section 58-1213
Powers and duties of custodians
Status: in_force

A. A custodian shall:

1. take control of custodial property;

2. register or record title to custodial property if

appropriate; and

3. collect, hold, manage, invest, and reinvest custodial

property.

B. In dealing with custodial property, a custodian shall

observe the standard of care that would be observed by a prudent

person dealing with property of another and is not limited by any

other statute restricting investments by fiduciaries. If a

custodian has a special skill or expertise or is named custodian on

the basis of representations of a special skill or expertise, the

custodian shall use that skill or expertise. However, a custodian,

in the custodian's discretion and without liability to the minor or

the minor's estate, may retain any custodial property received from

a transferor.

C. A custodian may invest in or pay premiums on life insurance

or endowment policies on:

1. the life of the minor only if the minor or the minor's

estate is the sole beneficiary, or

2. the life of another person in whom the minor has an

insurable interest only to the extent that the minor, the minor's

estate, or the custodian in the capacity of custodian, is the

irrevocable beneficiary.

D. A custodian at all times shall keep custodial property

separate and distinct from all other property in a manner sufficient

to identify it clearly as custodial property of the minor. Custodial

property consisting of an undivided interest is so identified if the

minor's interest is held as a tenant in common and is fixed.

Custodial property subject to recordation is so identified if it is

recorded, and custodial property subject to registration is so

identified if it is either registered, or held in an account

designated, in the name of the custodian, following in substance by

the words: "as a custodian for __________________ (name of minor)

under the Oklahoma Uniform Transfers to Minors Act."

E. A custodian shall keep records of all transactions with

respect to custodial property, including information necessary for

the preparation of the minor's tax returns, and shall make them

available for inspection at reasonable intervals by a parent or

legal representative of the minor or by the minor if the minor has

attained the age of fourteen (14) years.
Okla. Stat. tit. 58, § 58-911 — OK Code / Title 58 / Section 58-911
Petition for determination - Hearing - Notice - Order and
Status: in_force

decree - Filing.

In all cases where any person being a life tenant or joint

tenant in any interest in real property, including but not limited

to mortgages owned by two or more persons as joint tenants with

right of survivorship, shall die either testate or intestate,

leaving no property or estate on which administration proceedings

have been had or commenced, any of the remaindermen having an

interest in the real estate subject to such life estate, or any

survivor of such joint tenancy, or any person claiming any right,

title or interest in said real estate by, through or under such

remainderman or survivor may have the fact of the death of said life

tenant or joint tenant judicially determined by filing a petition in

the district court of the county in which said real estate or some

part thereof is situated, or of the county of the residence of said

decedent, alleging the facts of such life estate or joint tenancy,

describing such real estate, alleging the death of such life tenant

or joint tenant as the case may be, and setting forth the names and

addresses, if known, of all of the heirs of said decedent, if

intestate, and of his heirs, devisees and legatees, if testate, and

of all other persons by him known to claim any interest in said real

estate, which petition shall be sworn to by petitioner, his agent or

attorney.

Upon the filing of such petition the court shall enter an order

fixing the date and hour for hearing same, which date shall be not

less than ten (10) days from the date of entry of said order. The

court clerk shall thereupon issue a notice under his hand and seal,

which notice shall be directed to "the heirs, devisees, legatees and

assigns" of said decedent, "and to all persons claiming any right,

title or interest in or to the real estate hereinafter described",

and shall recite the filing of said petition and the entry of the

Oklahoma Statutes - Title 58. Probate Procedure Page 124

order setting same for hearing, and shall notify said persons of the

date, hour and place of hearing said petition and contain a

description of the real estate described therein.

Said notice shall be published in one (1) issue of a newspaper

of general circulation in said county, the date of such publication

to be at least ten (10) days prior to the date set for said hearing,

and at least ten (10) days prior to the date set for said hearing a

copy thereof shall be mailed to each of the heirs, devisees,

legatees and other persons interested in said real estate as named

in said petition, at their respective addresses shown thereon,

unless there be filed an affidavit of the petitioner, or his

attorney, showing that the post office addresses of any of such

persons are unknown to the petitioner or his attorney. Proofs of

such publication and of mailing shall be filed in the district court

prior to the entry of any order or decree upon said petition.

Upon hearing of such petition being had, the court shall hear

the evidence and proof of death, and shall make and enter an order

and decree determining the fact of the death of such life tenant or

joint tenant, as the case may be, and the termination of the life

estate or joint tenancy in said real property, as the case may be, a

certified copy of which decree shall be filed in the office of the

county clerk of the county in which said real property or any part

thereof is situated.

Such order or decree shall, upon entry, be conclusive of the

facts therein found as to all purchasers, encumbrancers or lienors

of said real estate acquiring their titles, encumbrances or liens in

good faith, relying upon said decree.
Okla. Stat. tit. 58, § 58-42 — OK Code / Title 58 / Section 58-42
Judgment - Recording
Status: in_force

The district court, after hearing the evidence on petitions for

the probate of wills, must set forth its findings of fact and

conclusions of law in writing and render a judgment based upon such

findings, either admitting, or refusing to admit, the will to

Oklahoma Statutes - Title 58. Probate Procedure Page 19

probate. The judgment and the will must be recorded where the will

is admitted to probate.
Okla. Stat. tit. 58, § 58-121 — OK Code / Title 58 / Section 58-121
Letters of administration
Status: in_force

Letters of administration must be signed by the judge, under the

seal of the court, and substantially in the following form:

State of Oklahoma,

County of ______

C D is hereby appointed administrator of the estate of A B,

deceased.

Witness G H, judge of the county court of the county of ______,

with the seal thereof affixed, the ______ day of ______ A. D., 19__.

(Seal and the official signature of the judge.)
Okla. Stat. tit. 58, § 58-502 — OK Code / Title 58 / Section 58-502
Application and hearing
Status: in_force

On the filing of a verified application by either the executor

or the administrator, or by any person claiming to be entitled to

such conveyance from an executor or administrator, setting forth the

facts upon which the claim is predicated, the court shall appoint a

time for hearing the application, shall issue notice thereof, shall

cause copies of such notice to be mailed to each of the heirs at

law, devisees and legatees of the decedent, whose addresses are

known, at least ten (10) days prior to the date of hearing, and

shall cause notice thereof to be published one time, at least ten

(10) days before the date of hearing, in a newspaper of general

circulation published in the county where the property is located.
Okla. Stat. tit. 58, § 58-240 — OK Code / Title 58 / Section 58-240
Determination of heirs, devisees and legatees under
Status: in_force

certain circumstances - Hearing without notice.

A. If a petition is filed for the appointment of a personal

representative and the petitioner requests that the identity of the

heirs, devisees and legatees be determined at the initial hearing

and the notice of hearing such petition reflects such request, then

at the first hearing on a petition to admit a will to probate or a

petition for the appointment of a personal representative in an

intestate proceeding, the court may determine the identity of all

heirs, devisees and legatees, and any guardian or conservator of any

minor or incompetent heir, devisee or legatee.

B. If the petition filed for the appointment of a personal

representative or the notice of hearing such petition does not

contain or reflect a request that the identity of the heirs,

devisees and legatees be determined at the initial hearing, the

personal representative may, at any time during the course of

administration, file with the court a petition requesting that the

Oklahoma Statutes - Title 58. Probate Procedure Page 42

identity of the heirs, devisees and legatees be determined. Such

petition shall be heard following at least ten (10) days' prior

notice to the heirs, devisees and legatees.

C. If the petition requests the appointment of an administrator

and the court determines that the petition can be heard without

notice pursuant to the provisions of Section 128 of this title, and

the petition also contains a request that the identity of the heirs

of the intestate decedent be determined, the court may proceed to

appoint the administrator without notice and set such petition for

hearing, following at least ten (10) days' prior notice to the

heirs, with respect to the request that the identity of the heirs,

legatees and devisees be determined.

D. Any determination of heirs, legatees and devisees made

pursuant to this section shall be conclusive for the purpose of

acting upon any petition or application purporting to include

waivers or consents of all heirs, devisees and legatees, but shall

not establish the proportional interest of any person entitled to

receive any distribution of assets or property from the estate; nor

shall it prevent any person or entity from later establishing

identity or rights as an heir, devisee or legatee.
Okla. Stat. tit. 58, § 58-3005 — OK Code / Title 58 / Section 58-3005
Execution of power of attorney
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 164

A power of attorney must be signed by the principal or in the

principal's conscious presence by another individual directed by the

principal to sign the principal's name on the power of attorney. A

signature on a power of attorney is presumed to be genuine if the

principal acknowledges the signature before a notary public or other

individual authorized by law to take acknowledgments.
Okla. Stat. tit. 58, § 58-929.1 — OK Code / Title 58 / Section 58-929.1
Sales and agreements by administrators and executors -
Status: in_force

Approval.

Administrators and executors of the estates of deceased persons

and guardians of the estates of minors and incompetents are hereby

authorized to sell, as hereinafter provided, oil and gas and mineral

leaseholds, or any part hereof, owned by the estate of said deceased

Oklahoma Statutes - Title 58. Probate Procedure Page 129

person, or by said minor or incompetent and, in connection with said

sale, or independently thereof, to enter into transactions and to

execute all instruments necessary or advantageous to the estate of

said decedent or ward in the operation or development of any oil and

gas and mineral leasehold, or any part thereof, owned by the estate

of said decedent or ward, including but not limited to joint

operating agreements, unitization agreements, repressuring

agreements and water-flooding agreements. The term "sale" as used

in this act shall not be limited to sales for a cash consideration

but may include sales made in consideration of a drilling

obligation, oil payment, overriding royalty, exchange of oil and gas

and mineral leaseholds, or such other consideration as the court

shall find to be for the best interest of the estate of said

decedent or ward. All such sales and agreements shall be subject to

the approval of the district court in which said administration or

guardianship proceedings are pending. If the will of any such

deceased person empowers the executor to sell real property, it

shall not be necessary for the executor, or the administrator with

the will annexed, to comply with this act; but in such case the

sales and agreements authorized by this act shall be deemed to be

sales of property and subject to the provision of Section 462 of

Title 58, Oklahoma Statutes 1961.
Okla. Stat. tit. 58, § 58-924 — OK Code / Title 58 / Section 58-924
Oil, gas and mineral leases by executors and
Status: in_force

administrators or guardians - Proceeding in district court -

Petition.

Administrators and executors of estates of deceased persons and

guardians of the estates of minors and incompetent persons are

hereby authorized to sell and execute oil and gas or other mining

leases upon the lands belonging to the estates of said deceased

persons, or of said minors or incompetent persons, for a term not to

exceed ten (10) years and as long thereafter as oil, gas or other

minerals may be produced in paying quantities, upon compliance with

this act, and the district court in which said guardianship or

administration proceedings are pending shall have jurisdiction to

order said sale upon the filing of a petition therein alleging that

the estate of said deceased person or the estate of said minor or

incompetent ward is the owner of the lands which shall be described

in said petition, and that the same have a probable value for oil

and gas mining purposes, and that the estate of said deceased person

or of said ward is not financially able or that it is impractical

for said estate to explore said land for oil and gas, and that it is

to the best interest of the estate to lease said lands at public

auction to the highest bidder for cash, which petition shall be

verified by said administrator, executor or guardian, and if it

involves lands belonging to the estates of deceased persons, the

Oklahoma Statutes - Title 58. Probate Procedure Page 127

petition shall set forth the names and post office addresses of the

heirs of such deceased persons. If the will of any such deceased

person empowers the executor to sell oil and gas or other mineral

leases upon the lands of the testator, it shall not be necessary for

the executor, or the administrator with the will annexed, to comply

with this act, but in such case the sale and execution of the lease

shall be deemed to be a sale of property and subject to Section 1299

of Oklahoma Statutes, 1931. The word "land" or "lands" as used

herein, includes any oil, gas or other mineral rights or interests

in lands which may be leaseable.
Okla. Stat. tit. 58, § 58-3115 — OK Code / Title 58 / Section 58-3115
Fiduciary duties and authority
Status: in_force

A. The legal duties imposed on a fiduciary charged with

managing tangible property apply to the management of digital

assets, including:

Oklahoma Statutes - Title 58. Probate Procedure Page 201

1. The duty of care;

2. The duty of loyalty; and

3. The duty of confidentiality.

B. A fiduciary's or designated recipient's authority with

respect to a digital asset of a user:

1. Except as otherwise provided in Section 4 of this act, is

subject to the applicable terms of service;

2. Is subject to other applicable law, including copyright law;

3. In the case of a fiduciary, is limited by the scope of the

fiduciary's duties; and

4. May not be used to impersonate the user.

C. A fiduciary with authority over the property of a decedent,

protected person, principal, or settlor has the right to access any

digital asset in which the decedent, protected person, principal, or

settlor had a right or interest and that is not held by a custodian

or subject to a terms-of-service agreement.

D. A fiduciary acting within the scope of the fiduciary's

duties is an authorized user of the property of the decedent,

protected person, principal, or settlor for the purpose of

applicable computer fraud and unauthorized computer access laws.

E. A fiduciary with authority over the tangible, personal

property of a decedent, protected person, principal, or settlor:

1. Has the right to access the property and any digital asset

stored in it; and

2. Is an authorized user for the purpose of computer fraud and

unauthorized computer access laws.

F. A custodian may disclose information in an account to a

fiduciary of the user when the information is required to terminate

an account used to access digital assets licensed to the user.

G. A fiduciary of a user may request a custodian to terminate

the user's account. A request for termination must be in writing,

in either physical or electronic form, and accompanied by:

1. If the user is deceased, a certified copy of the death

certificate of the user;

2. A certified copy of the letter of appointment of the

representative, court order, power of attorney, or trust giving the

fiduciary authority over the account; and

3. If requested by the custodian:

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

subscriber or account identifier assigned by the

custodian to identify the user's account,

b. evidence linking the account to the user, or

c. a finding by the court that the user had a specific

account with the custodian, identifiable by the

information specified in subparagraph a of paragraph 3

of subsection G of this section.
Okla. Stat. tit. 58, § 58-173 — OK Code / Title 58 / Section 58-173
Condition of bond
Status: in_force

The bond must be conditioned that the executor or administrator

shall faithfully execute the duties of the trust according to law.
Okla. Stat. tit. 58, § 58-3117 — OK Code / Title 58 / Section 58-3117
Promotion of uniformity
Status: in_force

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 58, § 58-676 — OK Code / Title 58 / Section 58-676
Claimant of property
Status: in_force

When any person appears and claims the money paid into the

treasury, the district court making the distribution must inquire

into such claim, and, being first satisfied of his right thereto,

must grant him a certificate to that effect, under its seal; and

upon the presentation of the certificate to him, the State Treasurer

shall issue a warrant for the amount.
Okla. Stat. tit. 58, § 58-352 — OK Code / Title 58 / Section 58-352
Neglect to give notice to creditors
Status: in_force

If an executor or administrator neglects for two (2) months

after his appointment to give notice to creditors, as prescribed by

this article, the court must revoke his letters, and appoint some

other person in his stead, equally or next in order, entitled to the

appointment, unless good cause to the contrary be shown.
Okla. Stat. tit. 58, § 58-3026 — OK Code / Title 58 / Section 58-3026
Construction of authority generally
Status: in_force

Except as otherwise provided in the power of attorney, by

executing a power of attorney that incorporates by reference a

subject described in Sections 27 through 40 of this act or that

grants to an agent authority to do all acts that a principal could

do pursuant to subsection C of Section 24 of this act, a principal

authorizes the agent, with respect to that subject, to:

1. Demand, receive and obtain by litigation or otherwise, money

or another thing of value to which the principal is, may become or

claims to be entitled, and conserve, invest, disburse or use

anything so received or obtained for the purposes intended;

2. Contract in any manner with any person, on terms agreeable

to the agent, to accomplish a purpose of a transaction and perform,

rescind, cancel, terminate, reform, restate, release or modify the

contract or another contract made by or on behalf of the principal;

3. Execute, acknowledge, seal, deliver, file or record any

instrument or communication the agent considers desirable to

accomplish a purpose of a transaction, including creating at any

time a schedule listing some or all of the principal's property and

attaching it to the power of attorney;

4. Initiate, participate in or submit to alternative dispute

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

with respect to a claim existing in favor of or against the

principal or intervene in litigation relating to the claim;

5. Seek on the principal's behalf the assistance of a court or

other governmental agency to carry out an act authorized in the

power of attorney;

6. Engage, compensate and discharge an attorney, accountant,

discretionary investment manager, expert witness or other advisor;

7. Prepare, execute, and file a record, report or other

document to safeguard or promote the principal's interest under a

statute or regulation;

8. Communicate with any representative or employee of a

government or governmental subdivision, agency or instrumentality,

on behalf of the principal;

9. Access communications intended for, and communicate on

behalf of, the principal, whether by mail, electronic transmission,

telephone or other means; and

10. Do any lawful act with respect to the subject and all

property related to the subject.
Okla. Stat. tit. 58, § 58-429 — OK Code / Title 58 / Section 58-429
Conveyance and record - Effect of
Status: in_force

Conveyances must thereupon be executed to the purchaser by the

executor or administrator and they must refer to the order of the

district court confirming the sale of the property of the estate,

and directing the conveyances thereof to be executed, unless the

sale is made pursuant to Section 239 of this title, in which case no

confirmation of the sale is necessary. Conveyances so made convey

all the right, title, interest and estate of the decedent, in the

premises, at the time of his death, if, prior to the sale, by

operation of law or otherwise, the estate has acquired any right,

title or interest in the premises, other than, or in addition to,

that of the decedent at the time of his death, such right, title or

interest also passes by such conveyance.
Okla. Stat. tit. 58, § 58-162 — OK Code / Title 58 / Section 58-162
Nonresident representative must appoint agent
Status: in_force

Every executor, administrator or guardian appointed in, but

residing out of the state, shall, before entering upon the duties of

his trust, in writing, appoint an agent residing in the county where

he is appointed, and shall by such writing stipulate and agree that

the service of any legal process against him as such executor,

Oklahoma Statutes - Title 58. Probate Procedure Page 32

administrator or guardian if made on said agent shall be of the same

legal effect as if made on himself personally within the state. Such

writing shall give the proper address of such agent and shall be

filed in the office of the judge of the district court where such

appointment is made.
Okla. Stat. tit. 58, § 58-1063 — OK Code / Title 58 / Section 58-1063
Supervised power of attorney
Status: in_force

A. Any person over eighteen (18) years of age may execute a

supervised power ofattorney pursuant to the provisions of this

section.

B. A supervised power of attorney is a power of attorney by

which a person nominates another to be the attorney-in-fact of such

person and charges such attorney-in-fact with the care, custody and

Oklahoma Statutes - Title 58. Probate Procedure Page 139

management of the estate of such person and which is approved by the

court as such.

C. Any such nomination shall be by a written instrument

approved by the district court of the county of residence of the

person executing the power upon a petition filed by such person.

Before approving any such nomination, the court shall cause

notice of such petition to be:

1. published for at least one (1) time in a newspaper,

authorized to publish legal notices, of general circulation in the

county in which the petition has been filed; and

2. mailed by certified mail to each heir-at-law of the person

creating the power at such heir's address as last known to the

petitioner.

Such notice shall be published or mailed as required, at least

ten (10) days prior to the date set by the court for hearing on the

petition. After hearing and examination upon such petition, the

district court shall approve of such supervised power of attorney if

it appears to the court that such approval would be in the best

interest of the petitioner.

D. The holder of a supervised power of attorney shall give bond

to the State of Oklahoma in like manner and with like conditions as

provided for guardians of incapacitated and partially incapacitated

persons unless the court determines that a bond is not necessary.

E. Upon the appointment of a holder of a supervised power of

attorney and approval thereof by the court, the person shall not

thereafter have the power to enter into any contract creating an

obligation against his estate except for necessities. All acts done

by the holder of a supervised power of attorney shall have the same

effect and inure to the benefit of and bind such person and his

heirs-at-law. A supervised power of attorney shall not be affected

by the subsequent disability or incapacity of the person executing

it.

F. The holder of a supervised power of attorney shall be

required to make at least an annual accounting to the court and to

the person of any receipts and disbursements received or

expenditures made by the holder of the supervised power of attorney

on behalf of such person during the previous year. The court shall

set the accounting for hearing and cause notice to be mailed to the

person and to each of his heirs-at-law at such heir's address as

last known to the holder of the power of attorney at least ten (10)

days prior to the hearing. At the hearing the court shall examine

such account and approve the same if all receipts appear to be

accounted for and if all expenditures appear to be proper and in the

best interests of the ward.

G. The holder of a supervised power of attorney may receive as

compensation for his services the compensation provided by law for

Oklahoma Statutes - Title 58. Probate Procedure Page 140

guardians pursuant to the provisions of Section 4-401 of Title 30 of

the Oklahoma Statutes if allowed by the court.

H. Except as otherwise provided in this section, the holder of

a supervised power of attorney shall comply with all laws applying

to the estate of a person under guardianship insofar as they pertain

to the sale, mortgage or leasing of the property of a person

granting such power.

I. A supervised power of attorney may be discharged by the

court upon the application of the person, any of his heirs-at-law,

or the holder of the supervised power of attorney or otherwise upon

such notice to the person, his heirs-at-law, or the holder of the

supervised power of attorney not joining in the petition as the

court may determine reasonable and proper, when it appears that the

supervised power of attorney is no longer necessary. Upon the

termination of a supervised power of attorney, a holder of a

supervised power of attorney shall account to the court and shall

turn over all assets in his possession belonging to the person

either to such person or to his personal representative as the court

shall direct.

J. A holder of a supervised power of attorney shall keep safe

the estate of the person and shall perform diligently and in good

faith, as a prudent person would manage his own property, not with

regard to speculation but with regard to conservation and growth,

the specific duties and powers granted by the supervised power of

attorney.

K. As used in this section the term "heirs-at-law" shall mean

those persons then living who would inherit from the person

executing the supervised power of attorney under Section 213 of

Title 84 of the Oklahoma Statutes should such person die at the time

in question.
Okla. Stat. tit. 58, § 58-705 — OK Code / Title 58 / Section 58-705
Service of citation
Status: in_force

The citation must be served in the same manner as a summons in a

civil action.
Okla. Stat. tit. 58, § 58-1203 — OK Code / Title 58 / Section 58-1203
Applicability of law - Custodianship
Status: in_force

A. The Oklahoma Uniform Transfers to Minors Act applies to a

transfer that refers to the Oklahoma Uniform Transfers to Minors Act

in the designation provided for in subsection A of Section 10 of

this act by which the transfer is made if at the time of the

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

state or the custodial property is located in this state. The

custodianship so created remains subject to the provisions of the

Oklahoma Uniform Transfers to Minors Act despite a subsequent change

in residence of the transferor, minor, or custodian, or the removal

of custodial property from this state.

B. A person designated as a custodian pursuant to the

provisions of the Oklahoma Uniform Transfers to Minors Act is

subject to personal jurisdiction in this state with respect to any

matter relating to the custodianship.

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, minor, or custodian is a resident of the designated

state or the custodial property is located in the designated state.
Okla. Stat. tit. 58, § 58-611 — OK Code / Title 58 / Section 58-611
Payment of legacies and distribution of estate - Extension
Status: in_force

of time for final settlement.

If the whole of the debts has been paid pursuant to the order

for payment of debts as required by Section 595 of this title, the

court may, upon compliance with the provisions of this title

relating to petitions for distribution or partial distribution,

direct the payment of legacies and the distribution of the estate

among the heirs, legatees, devisees, or other persons entitled as

provided in this title; but if there be any debt remaining unpaid or

if, for any other reason, the estate be not in a proper condition to

be closed, the court must give such extension of time as may be

reasonable for a final settlement of the estate.
Okla. Stat. tit. 58, § 58-3038 — OK Code / Title 58 / Section 58-3038
Retirement plans
Status: in_force

A. In this section, "retirement plan" means a plan or account

created by an employer, the principal or another individual to

provide retirement benefits or deferred compensation of which the

principal is a participant, beneficiary or owner, including a plan

or account under the following sections of the Internal Revenue

Code:

1. An individual retirement account under Internal Revenue Code

Section 408, 26 U.S.C., Section 408, as amended;

2. A Roth individual retirement account under Internal Revenue

Code Section 408A, 26 U.S.C., Section 408A, as amended;

3. A deemed individual retirement account under Internal

Revenue Code Section 408(q), 26 U.S.C., Section 408(q), as amended;

4. An annuity or mutual fund custodial account under Internal

Revenue Code Section 403(b), 26 U.S.C., Section 403(b), as amended;

5. A pension, profit sharing, stock bonus or other retirement

plan qualified under Internal Revenue Code Section 401(a), 26

U.S.C., Section 401(a), as amended;

6. A plan under Internal Revenue Code Section 457(b), 26

U.S.C., Section 457(b), as amended; and

Oklahoma Statutes - Title 58. Probate Procedure Page 185

7. A nonqualified deferred compensation plan under Internal

Revenue Code Section 409A, 26 U.S.C., Section 409A, as amended.

B. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to

retirement plans authorizes the agent to:

1. Select the form and timing of payments under a retirement

plan and withdraw benefits from a plan;

2. Make a rollover, including a direct trustee-to-trustee

rollover, of benefits from one retirement plan to another;

3. Establish a retirement plan in the principal's name;

4. Make contributions to a retirement plan;

5. Exercise investment powers available under a retirement

plan; and

6. Borrow from, sell assets to or purchase assets from a

retirement plan.
Okla. Stat. tit. 58, § 58-3106 — OK Code / Title 58 / Section 58-3106
Procedure for disclosing digital assets
Status: in_force

A. When disclosing digital assets of a user under this act, the

custodian may, at its sole discretion:

1. Grant a fiduciary or designated recipient full access to the

user's account;

2. Grant a fiduciary or designated recipient partial access to

the user's account sufficient to perform the tasks with which the

fiduciary or designated recipient is charged; or

3. Provide a fiduciary or designated recipient a copy of a

record of any digital asset that, on the date the custodian received

the request for disclosure, the user could have accessed if the user

were alive and had full capacity and access to the account.

B. A custodian may assess a reasonable administrative charge

for the cost of disclosing digital assets under this act.

C. A custodian need not disclose under this act a digital asset

deleted by a user.

D. If a user directs or a fiduciary requests a custodian to

disclose under this act some, but not all, of the user's digital

assets, the custodian need not disclose the assets if segregation of

the assets would impose an undue burden on the custodian. If the

custodian believes the direction or request imposes an undue burden,

the custodian or fiduciary may seek an order from the court to

disclose:

1. A subset limited by date of the user's digital assets;

2. All of the user's digital assets to the fiduciary or

designated recipient;

3. None of the user's digital assets; or

4. All of the user's digital assets to the court for review in

camera.
Okla. Stat. tit. 58, § 58-388 — OK Code / Title 58 / Section 58-388
Sale of personalty
Status: in_force

After appointment and qualification, the executor or

administrator may apply for an order to sell personal property at

either public auction or private sale. Upon filing his petition,

notice must be mailed to all heirs, legatees and devisees whose

addresses are known not less than ten (10) days prior to the hearing

of the application. He may also make a similar application, from

time to time, so long as any personal property remains in his hands.
Okla. Stat. tit. 58, § 58-3102 — OK Code / Title 58 / Section 58-3102
Definitions
Status: in_force

As used in this act:

1. "Account" means an arrangement under a terms-of-service

agreement in which a custodian carries, maintains, processes,

receives, or stores a digital asset of the user or provides goods or

services to the user;

2. "Agent" means an attorney-in-fact granted authority under a

durable or nondurable power of attorney;

3. "Carries" means engages in the transmission of an electronic

communication;

4. "Catalog of electronic communications" means information

that identifies each person with which a user has had an electronic

communication, the time and date of the communication, and the

electronic address of the person;

5. "Guardian" means a person appointed by a court to manage the

estate of a living individual. The term includes a limited

guardian;

6. "Content of an electronic communication" means information

concerning the substance or meaning of the communication which:

a. has been sent or received by a user,

b. is in electronic storage by a custodian providing an

electronic-communication service to the public or is

carried or maintained by a custodian providing a

remote-computing service to the public, and

c. is not readily accessible to the public;

7. "Court" means the court of proper jurisdiction;

8. "Custodian" means a person who carries, maintains,

processes, receives, or stores a digital asset of a user;

9. "Designated recipient" means a person chosen by a user using

an online tool to administer digital assets of the user;

10. "Digital asset" means an electronic record in which an

individual has a right or interest. The term does not include an

underlying asset or liability unless the asset or liability is

itself an electronic record;

11. "Electronic" means relating to technology having

electrical, digital, magnetic, wireless, optical, electromagnetic,

or similar capabilities;

Oklahoma Statutes - Title 58. Probate Procedure Page 194

12. "Electronic communication" has the meaning set forth in 18

U.S.C., Section 2510(12);

13. "Electronic-communication service" means a custodian that

provides a user the ability to send or receive an electronic

communication;

14. "Fiduciary" means an original, additional, or successor

personal representative, guardian, agent, or trustee;

15. "Information" means data, text, images, videos, sounds,

codes, computer programs, software, databases, or the like;

16. "Online tool" means an electronic service provided by a

custodian that allows the user, in an agreement distinct from the

terms-of-service agreement between the custodian and user, to

provide directions for disclosure or nondisclosure of digital assets

to a third person;

17. "Person" means an individual, estate, business or nonprofit

entity, public corporation, government or governmental subdivision,

agency, or instrumentality, or other legal entity;

18. "Personal representative" means an executor, administrator,

special administrator, or person that performs substantially the

same function under the laws of this state other than this act;

19. "Power of attorney" means a record that grants an agent

authority to act in the place of a principal;

20. "Principal" means an individual who grants authority to an

agent in a power of attorney;

21. "Protected person" means an individual for whom a guardian

has been appointed. The term includes an individual for whom an

application for the appointment of a guardian is pending;

22. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

23. "Remote-computing service" means a custodian that provides

to a user computer processing services or the storage of digital

assets by means of an electronic communications system, as defined

in 18 U.S.C., Section 2510(14);

24. "Terms-of-service agreement" means an agreement that

controls the relationship between a user and a custodian;

25. "Trustee" means a fiduciary with legal title to property

under an agreement or declaration that creates a beneficial interest

in another. The term includes a successor trustee;

26. "User" means a person who has an account with a custodian;

and

27. "Will" includes a codicil, testamentary instrument that

only appoints an executor, and instrument that revokes or revises a

testamentary instrument.
Okla. Stat. tit. 58, § 58-625 — OK Code / Title 58 / Section 58-625
Assessment against legatee or devisee
Status: in_force

When any bond has been executed and delivered, under the

provisions of the preceding section, and it is necessary for the

settlement of the estate to require the payment of any part of the

money thereby secured, the executor or administrator must petition

the court for an order requiring the payment, and have a citation

Oklahoma Statutes - Title 58. Probate Procedure Page 103

issued and served on the party bound, requiring him to appear and

show cause why the order should not be made. At the hearing, the

court, if satisfied of the necessity of such payment, must make an

order accordingly, designating the amount and giving a time within

which it must be paid. If the money be not paid within the time

allowed, an action may be maintained by the executor or

administrator on the bond.
Okla. Stat. tit. 58, § 58-708 — OK Code / Title 58 / Section 58-708
Description of real property in publication
Status: in_force

When a complete description of the real property of an estate

sought to be sold has been given and published in a newspaper, as

required in the order to show cause why the sale should not be made,

such description need not be published in any subsequent notice of

sale, or notice of a petition for the confirmation thereof. It is

sufficient to refer to the description contained in the publication

of the first notice, as being proved and on file in the court.
Okla. Stat. tit. 58, § 58-103 — OK Code / Title 58 / Section 58-103
Failure of executors
Status: in_force

If the sole executor or all the executors are incompetent, or

renounce or fail to apply for letters, or to appear and qualify,

letters of administration with the will annexed must be issued.
Okla. Stat. tit. 58, § 58-3101 — OK Code / Title 58 / Section 58-3101
Short title — Revised Uniform Fiduciary Access to Digital
Status: in_force

Assets Act.

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

Fiduciary Access to Digital Assets Act".
Okla. Stat. tit. 58, § 58-522 — OK Code / Title 58 / Section 58-522
Representative chargeable with whole estate
Status: in_force

Every executor or administrator is chargeable in his account

with the whole of the estate of the decedent which may come into his

possession, at the value of the appraisement contained in the

inventory, except as provided in the following sections, and with

all the interest, profit and income of such estate.
Okla. Stat. tit. 58, § 58-496 — OK Code / Title 58 / Section 58-496
Representative cannot be a purchaser
Status: in_force

No executor or administrator must directly or indirectly,

purchase any property of the estate he represents, nor must he be

interested in any sale.
Okla. Stat. tit. 58, § 58-348 — OK Code / Title 58 / Section 58-348
Reference of claim to third person
Status: in_force

If the executor or administrator doubts the correctness of any

claim presented to him, he may enter into an agreement, in writing,

with the claimant, to refer the matter in controversy to some

disinterested person, to be approved by the judge of the county

court. Upon filing the agreement, and approval of the judge of the

county court, in the office of the clerk of the district court for

the county or judicial subdivision in which the letters testamentary

or of administration were granted, the clerk must, either in

vacation or in term, enter a minute of the order referring the

matter in controversy to the person so selected; or if the parties

consent, a reference may be had in the county court; and the report

of the referee, if confirmed, establishes or rejects the claim, the

same as if it had been allowed or rejected by the executor or

administrator and the county judge.
Okla. Stat. tit. 58, § 58-122 — OK Code / Title 58 / Section 58-122
Persons entitled to letters of administration
Status: in_force

Administration of the estate of a person dying intestate must be

granted to some one or more of the persons hereinafter mentioned,

and they are respectively entitled thereto in the following order:

1. The surviving husband or wife, or some competent person whom

he or she may request to have appointed.

2. The children.

3. The father or mother.

4. The brothers or sisters.

5. The grandchildren.

6. The next of kin entitled to share in the distribution of the

estate.

7. The creditors.

8. Any person legally competent.

Oklahoma Statutes - Title 58. Probate Procedure Page 28

If the decedent was a member of a partnership at the time of his

decease, the surviving partner must in no case be appointed

administrator of his estate.
Okla. Stat. tit. 58, § 58-622 — OK Code / Title 58 / Section 58-622
Notice of application - Waiver
Status: in_force

A. Except when the executor or administrator is the petitioner

or one of the petitioners, notice of the application shall be given

to the executor or administrator by personal service. Notice of the

application shall be given to all heirs, devisees and legatees of

Oklahoma Statutes - Title 58. Probate Procedure Page 102

the decedent by mail. Notice shall be in the form required by the

court and shall be given not less than ten (10) days prior to the

date set by the court for the hearing on the application.

B. Notice shall not be required if the application notice is

waived in writing by all of the heirs, devisees and legatees of the

decedent as determined pursuant to the provisions of Section 240 of

this title.
Okla. Stat. tit. 58, § 58-718.1 — OK Code / Title 58 / Section 58-718.1
Proceedings for appointment of executor or administrator
Status: in_force

- Notice to creditors.

From and after the effective date of this act the court clerk

shall when requested by any interested party or his attorney be

required to record all petitions for probate of wills or for the

appointment of administrators, all notices, proofs of publication or

of mailing or posting, all orders in connection with said

proceedings and all other papers from the filing of the petition

aforesaid to the appointment and qualification of any executor or

executors, or administrator or administrators, as well as notices to

creditors, with proof of publication and proof of posting and estate

tax receipts or exemption certificates.
Okla. Stat. tit. 58, § 58-263 — OK Code / Title 58 / Section 58-263
Conducting going business
Status: in_force

The executor or administrator shall have the power, where

authorized by order of the district court, to take charge of,

conduct and continue any going business, enterprise or manufactory

of a deceased person, when the same has not been disposed of by

will, and where it is not necessary that the same be sold at once

for the payment of debts; and shall have the right to borrow money

and incur indebtedness in the conduct, or continuation of such

business. Before such business, manufactory or enterprise shall be

continued, the executor or administrator shall take into

consideration the condition of the estate and the necessity that may

exist for the future sale of said property for the payment of claims

or legacies; and the time for conducting such enterprise, business

or manufactory shall not extend the time beyond what may be

considered by the court a reasonable time for the settlement of the

estate of the deceased; provided, however, that before any executor

or administrator shall continue such enterprise, business or

manufactory, or incur any indebtedness in the conduct of such

enterprise, business or manufactory, he shall first present to the

district court a petition showing that it is to the best interest of

the estate of the decedent that such enterprise, business or

manufactory be continued, and the continuation of such business,

enterprise or manufactory must first be approved by the judge of the

district court having jurisdiction of the settlement of the estate

of the deceased.
Okla. Stat. tit. 58, § 58-471.1 — OK Code / Title 58 / Section 58-471.1
Liability as dependent on time of granting letters
Status: in_force

No real property of a deceased person shall be liable for debts

of such person unless letters testamentary or of administration be

granted within three (3) years from the date of the death of such

decedent; provided, however, that this section shall not affect the

lien of any mortgage, upon specific real property, existing and

recorded as provided by law at the date of the death of such

decedent.
Okla. Stat. tit. 58, § 58-267 — OK Code / Title 58 / Section 58-267
Validation of prior contracts
Status: in_force

All contracts for the borrowing of money and giving of security

heretofore made by any executor or administrator for any of the

purposes stated in Section 1 of this act and approved by the judge

of the district court having jurisdiction of the settlement of the

estate, where the money was actually used for any of such purposes,

are hereby declared valid.
Okla. Stat. tit. 58, § 58-3011 — OK Code / Title 58 / Section 58-3011
Coagents and successor agents
Status: in_force

A. A principal may designate two or more persons to act as

coagents. Unless the power of attorney otherwise provides, each

coagent may exercise its authority independently.

B. A principal may designate one or more successor agents to

act if an agent resigns, dies, becomes incapacitated, is not

qualified to serve or declines to serve. A principal may grant

authority to designate one or more successor agents to an agent or

other person designated by name, office or function. Unless the

power of attorney otherwise provides, a successor agent:

1. Has the same authority as that granted to the original

agent; and

2. May not act until all predecessor agents have resigned,

died, become incapacitated, are no longer qualified to serve or have

declined to serve.

Oklahoma Statutes - Title 58. Probate Procedure Page 167

C. Except as otherwise provided in the power of attorney and

subsection D of this section, an agent that does not participate in

or conceal a breach of fiduciary duty committed by another agent,

including a predecessor agent, is not liable for the actions of the

other agent.

D. An agent that has actual knowledge of a breach or imminent

breach of fiduciary duty by another agent shall notify the principal

and, if the principal is incapacitated, take any action reasonably

appropriate in the circumstances to safeguard the principal's best

interest. An agent that fails to notify the principal or take

action as required by this subsection is liable for the reasonably

foreseeable damages that could have been avoided if the agent had

notified the principal or taken such action.
Okla. Stat. tit. 58, § 58-3025 — OK Code / Title 58 / Section 58-3025
Incorporation of authority
Status: in_force

A. An agent has authority described in this act if the power of

attorney refers to general authority with respect to the descriptive

term for the subjects stated in Sections 27 through 40 of this act

or cites the section in which the authority is described.

B. A reference in a power of attorney to general authority with

respect to the descriptive term for a subject in Sections 27 through

40 of this act or a citation to a section of Sections 27 through 40

of this act incorporates the entire section as if it were set out in

full in the power of attorney.

Oklahoma Statutes - Title 58. Probate Procedure Page 174

C. A principal may modify authority incorporated by reference.
Okla. Stat. tit. 58, § 58-212 — OK Code / Title 58 / Section 58-212
How appointed - Notice
Status: in_force

The appointment may be made without notice, and must be made by

entry upon the minutes of the court specifying the powers to be

exercised by the administrator. Upon such order being entered, and

after the person appointed has given bond, the judge must issue

letters of administration to such person, in conformity with the

order in the minutes.
Okla. Stat. tit. 58, § 58-385d — OK Code / Title 58 / Section 58-385d
Order to borrow money and mortgage realty - Execution of
Status: in_force

notes and mortgage - Additional bond.

Oklahoma Statutes - Title 58. Probate Procedure Page 74

Upon such hearing, if the court is satisfied that it is for the

best interest of the estate and to the owners of such real estate he

may make an order authorizing the administrator or executor to

borrow money, make, execute and deliver a note or notes therefor and

to make, execute and deliver a real estate mortgage securing the

same, in such amount, at such rate of interest and upon such terms

and conditions as the court may prescribe and may, if he deems it

advisable require an additional bond as in the case of the sale of

real estate. After the order of the court authorizing the same is

made, the administrator or executor may make and execute the note or

notes and mortgage and shall then present the same to the district

court who shall examine the same, and if they appear to be in

conformity to law and the order of the court, the judge of the

district court shall endorse his approval on the face of the

mortgage. Thereafter the administrator or executor may proceed to

close the loan by receiving the funds so borrowed and by delivering

the note or notes and mortgage. All such notes and mortgages shall

be valid and binding obligations against the estate and against the

real estate so mortgaged in accordance with the terms and conditions

of such mortgage.Oklahoma Statutes - Title 58. Probate Procedure Page 4
Okla. Stat. tit. 58, § 58-3019 — OK Code / Title 58 / Section 58-3019
Acceptance of and reliance upon acknowledged power of
Status: in_force

attorney.

A. For purposes of this section and Section 20 of this act,

"acknowledged" means purportedly verified before a notary public or

other individual authorized to take acknowledgements.

B. A person that in good faith accepts an acknowledged power of

attorney without actual knowledge that the signature is not genuine

may rely upon the presumption under Section 5 of this act that the

signature is genuine.

C. A person that in good faith accepts an acknowledged power of

attorney without actual knowledge that the power of attorney is

void, invalid or terminated, that the purported agent's authority is

void, invalid or terminated, or that the agent is exceeding or

improperly exercising the agent's authority may rely upon the power

of attorney as if the power of attorney were genuine, valid and

still in effect, the agent's authority were genuine, valid and still

in effect, and the agent had not exceeded and had properly exercised

the authority.

D. A person that is asked to accept an acknowledged power of

attorney may request, and rely upon, without further investigation:

1. An agent's certification under penalty of perjury of any

factual matter concerning the principal, agent or power of attorney;

Oklahoma Statutes - Title 58. Probate Procedure Page 171

2. An English translation of the power of attorney if the power

of attorney contains, in whole or in part, language other than

English; and

3. An opinion of counsel as to any matter of law concerning the

power of attorney if the person making the request provides in a

writing or other record the reason for the request.

E. An English translation or an opinion of counsel requested

under this section must be provided at the principal's expense

unless the request is made more than seven (7) business days after

the power of attorney is presented for acceptance.

F. For purposes of this section and Section 20 of this act, a

person that conducts activities through employees is without actual

knowledge of a fact relating to a power of attorney, a principal or

an agent if the employee conducting the transaction involving the

power of attorney is without actual knowledge of the fact.
Okla. Stat. tit. 58, § 58-111 — OK Code / Title 58 / Section 58-111
Letters of administration with will annexed, form of
Status: in_force

Letters of administration with will annexed must be

substantially in the following form:

State of Oklahoma,

County of ______.

The last will of A B, deceased having been proved and recorded

in the county court of the county of ______ and there being no

executor named in the will (or, as the case may be,) C D is hereby

appointed administrator, with the will annexed.

Witness G H, judge of the county court of the county of ______,

with the seal of the court affixed, the ______ day of ______ A. D.,

19__.
Okla. Stat. tit. 58, § 58-22 — OK Code / Title 58 / Section 58-22
Who may petition court for proof of will
Status: in_force

Any executor, devisee or legatee named in a will, or any other

person interested in the estate, may at any time after the death of

the testator, petition the court having jurisdiction to have the

will proved, whether the same be in writing, in his possession or

not, or is lost or destroyed, or beyond the jurisdiction of the

state, or a nuncupative will.
Okla. Stat. tit. 58, § 58-929.3 — OK Code / Title 58 / Section 58-929.3
Notice of hearing an application - Lands in other
Status: in_force

counties.

Notice of the hearing of an application for approval of any such

sale or agreement, or both, shall set forth the date and place of

hearing said application, the purpose of said hearing, contain a

description of the land involved and refer to the application for

further particulars. Ten (10) days prior to the hearing date,

notice thereof, together with a copy of the application and all

exhibits thereto, shall be mailed to the heirs, devisees and

legatees of such deceased person or to the next of kin of said minor

or incompetent. Notice shall also be given by publication one time

in a newspaper in said county. If the leasehold or interest therein

to be sold or included in an agreement covers lands situated in any

county other than that in which the probate proceeding is pending,

then such notice shall also be given in the county where said lands

are located in the same manner and for such period of time as

provided above. Proof that notice has been given as herein required

shall be filed with the court. Notice by publication required

herein may be waived by the court for good cause shown.
Okla. Stat. tit. 58, § 58-623 — OK Code / Title 58 / Section 58-623
Who may resist petition
Status: in_force

The executor or administrator, or any person interested in the

estate, may appear at the time named and resist the application, or

any other heir, devisee or legatee may make a similar application

for himself.
Okla. Stat. tit. 58, § 58-524 — OK Code / Title 58 / Section 58-524
Representative not chargeable with uncollected debts
Status: in_force

No executor or administrator is accountable for any debts due to

the decedent, if it appears that they remain uncollected without his

fault.
Okla. Stat. tit. 58, § 58-717 — OK Code / Title 58 / Section 58-717
Computation of time
Status: in_force

The time within which an act is to be done, as provided for in

Title 58 of the Oklahoma Statutes, shall be computed by excluding

the first day and including the last day. If the last day is a

legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma

Statutes, it shall be excluded. The provisions of this section are

hereby declared to be a clarification of the law as it existed prior

to the effective date of this act and shall not be considered or

construed to be a change of the law as it existed prior to the

effective date of this act. Any action or proceeding arising under

Title 58 of the Oklahoma Statutes prior to the effective date of

this act for which a determination of the period of time prescribed

by this section is in question or has been in question due to the

enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed

by the method for computation of time as prescribed by this section.
Okla. Stat. tit. 58, § 58-3104 — OK Code / Title 58 / Section 58-3104
Online tool for disclosure of digital assets
Status: in_force

A. A user may use an online tool to direct the custodian to

disclose to a designated recipient or not to disclose some or all of

the user's digital assets, including the content of electronic

communications. If the online tool allows the user to modify or

delete a direction at all times, a direction regarding disclosure

using an online tool overrides a contrary direction by the user in a

will, trust, power of attorney, or other record.

B. If a user has not used an online tool to give direction

under subsection A of this section or if the custodian has not

provided an online tool, the user may allow or prohibit in a will,

trust, power of attorney, or other record, disclosure to a fiduciary

of some or all of the user's digital assets, including the content

of electronic communications sent or received by the user.

C. A user's direction under subsection A or B of this section

overrides a contrary provision in a terms-of-service agreement that

does not require the user to act affirmatively and distinctly from

the user's assent to the terms of service.
Okla. Stat. tit. 58, § 58-1222 — OK Code / Title 58 / Section 58-1222
Transfer under other laws after effective date of act
Status: in_force

The Oklahoma Uniform Transfers to Minors Act applies to a

transfer within the scope of the provisions of Section 3 of this act

which is made after the effective date of this act if:

1. the transfer purports to have been made according to the

provisions of the Oklahoma Uniform Gifts to Minors Act; or

2. the instrument by which the transfer purports to have been

made uses in substance the designation "as custodian under the

Uniform Gifts to Minors Act" or "as custodian under the Uniform

Transfers to Minors Act" of any other state, and the application of

the Oklahoma Uniform Transfers to Minors Act is necessary to

validate the transfer.
Okla. Stat. tit. 58, § 58-471 — OK Code / Title 58 / Section 58-471
Estate liable for debts
Status: in_force

The estate, real and personal, given by will to legatees or

devisees, is liable for the debts, expenses of administration, and

family expenses, in proportion to the value or amount of the several

devises, or legacies, but specific devises or legacies are exempt

from such liability if it appears to the court necessary to carry

into effect the intention of the testator, and there is other

sufficient estate.
Okla. Stat. tit. 58, § 58-417 — OK Code / Title 58 / Section 58-417
Sale of all rather than part of realty
Status: in_force

If it appear necessary to sell a part of the real estate, and

that by a sale thereof the residue of the estate, real or personal,

or some specific part thereof, would be greatly injured or

diminished in value, or subjected to expense or rendered

unprofitable, or that after such sale the residue would be so small

in quantity or value, or would be of such a character with reference

to its future disposition among the heirs or devisees, as clearly to

render it for the best interests of all concerned that the same

should be sold, the court may authorize the sale of the whole

estate, or of any part thereof necessary and for the best interest

of all concerned.
Okla. Stat. tit. 58, § 58-239 — OK Code / Title 58 / Section 58-239
Petition - Consent - Orders to be entered - Withdrawal of
Status: in_force

waivers or consents - Consent not required, when.

A. After the appointment of the personal representative, and,

provided that a determination of the identities of the heirs,

devisees and legatees of the decedent has been made pursuant to the

provisions of Section 240 of this title, and upon the filing of a

petition or application, the petition to be accompanied by

acknowledged, written consents by all heirs, devisees and legatees,

other than contingent devisees and legatees, persons authorized to

act on behalf of any heir, devisee or legatee under any legal

disability, and personal representatives of the estate of any

deceased heir, devisee or legatee, the court may enter an order:

Oklahoma Statutes - Title 58. Probate Procedure Page 41

1. Authorizing the personal representative to sell, grant,

lease, mortgage or encumber any real or personal property including

mineral interests, and to execute and issue deeds, leases, bills of

sale, notes, mortgages, easements and other documents of conveyance,

without further judicial authorization or a return of sale or

confirmation of such sale or transaction. Any sale or transaction

so authorized shall pass title to the purchaser without being

confirmed by the court, notwithstanding any statutory provision to

the contrary; or

2. Waiving the filing of any accounting specified in the

consents of the persons herein named, or waiving the necessity for

presentation to the court for approval of any such accounting.

B. Waivers or consents may be withdrawn at any time and

thereafter all acts shall be in accordance with regular statutory

procedures. A withdrawal of a waiver or consent shall be effected

by filing a written statement of withdrawal with the court clerk and

by serving a certified copy on the personal representative or the

attorney for the personal representative by certified mail.

C. Notwithstanding the foregoing, if the petition or

application is filed after three (3) months from the date of

admission of the will to probate, and no appeal of the admission of

the will is pending nor has any contest to admission of the will to

probate been filed after admission of the will to probate, and if

the will contains a residuary disposition clause, then the consents

of heirs who are neither devisees nor legatees shall not be

required.
Okla. Stat. tit. 58, § 58-430 — OK Code / Title 58 / Section 58-430
Proof of notice before order
Status: in_force

Before any order is entered confirming the sale, it must be

proved to the satisfaction of the court that notice was given of the

sale as prescribed, and the order of confirmation must show that

such proof was made.
Okla. Stat. tit. 58, § 58-102 — OK Code / Title 58 / Section 58-102
Executors — Incompetency
Status: in_force

No person is competent to serve as executor who at the time the

will is admitted to probate 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

executor; or

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

the trust by reason of drunkenness, improvidence, or want of

understanding and integrity.

R.L. 1910, § 6234. Amended by Laws 2024, c. 231, § 1, eff. Nov. 1,

2024.
Okla. Stat. tit. 58, § 58-898.1 — OK Code / Title 58 / Section 58-898.1
Renumbered as § 2-116 of Title 30 by Laws 1988, c. 329,
Status: in_force

§ 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 58, § 58-3010 — OK Code / Title 58 / Section 58-3010
Termination of power of attorney or agent's authority
Status: in_force

A. A power of attorney terminates when:

1. The principal dies;

2. The principal becomes incapacitated, if the power of

attorney is not durable;

3. The principal revokes the power of attorney;

4. The power of attorney provides that it terminates;

5. The purpose of the power of attorney is accomplished; or

6. The principal revokes the agent's authority or the agent

dies, becomes incapacitated or resigns, and the power of attorney

Oklahoma Statutes - Title 58. Probate Procedure Page 166

does not provide for another agent to act under the power of

attorney.

B. An agent's authority terminates when:

1. The principal revokes the authority;

2. The agent dies, becomes incapacitated or resigns;

3. An action is filed for divorce or annulment of the agent's

marriage to the principal or their legal separation, unless the

power of attorney otherwise provides; or

4. The power of attorney terminates.

C. Unless the power of attorney otherwise provides, an agent's

authority is exercisable until the authority terminates under

subsection B of this section, notwithstanding a lapse of time since

the execution of the power of attorney.

D. Termination of an agent's authority or of a power of

attorney is not effective as to the agent or another person that,

without actual knowledge of the termination, acts in good faith

under the power of attorney. An act so performed, unless otherwise

invalid or unenforceable, binds the principal and the principal's

successors in interest.

E. Incapacity of the principal of a power of attorney that is

not durable does not revoke or terminate the power of attorney as to

an agent or other person that, without actual knowledge of the

incapacity, acts in good faith under the power of attorney. An act

so performed, unless otherwise invalid or unenforceable, binds the

principal and the principal's successors in interest.

F. The execution of a power of attorney does not revoke a power

of attorney previously executed by the principal unless the

subsequent power of attorney provides that the previous power of

attorney is revoked or that all other powers of attorney are

revoked.
Okla. Stat. tit. 58, § 58-282.1 — OK Code / Title 58 / Section 58-282.1
Release of real estate tax liability - Request - Notice
Status: in_force

and hearing - Determination - Order.

If it appears there is no possibility that estate tax is due

under the provisions of Sections 801 et seq. of Title 68, the

executor or administrator of an estate or a surviving joint tenant

or remainderman may request the district court to enter an order

releasing estate tax liability. Such request may be included in a

petition for distribution, in a petition to judicially determine the

death of a joint tenant or life tenant or may be made by separate

petition. Such request shall be set for hearing and notice thereof

shall be given by certified mail to the Tax Commission at least

thirty (30) days before the hearing. The notice shall have attached

thereto a statement, verified by the requesting party, containing

the description of the property claimed not to be subject to

taxation, the recipient thereof, their relationship to the deceased,

and an estimate of the value of the property. The Tax Commission

may appear at such hearing to object to the issuance of such order,

or may file a written objection with the court. If the court finds

that no possibility of tax liability exists under the provisions of

Sections 801 et seq. of Title 68, it shall issue an order releasing

estate tax liability as to the property described in the notice.

Such order shall have the same legal effect as a release or waiver

from the Tax Commission, and shall be a final order on the issue of

estate tax liability of such estate as to the property described in

the notice and order. If the court finds there is a possibility

that tax liability exists, it shall refer such matter to the Tax

Commission and the determination of tax liability or absence thereof

shall proceed as in other cases. 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, § 58-106 — OK Code / Title 58 / Section 58-106
Executor disqualified by absence or minority
Status: in_force

Where a person absent from the state, or a minor, is named

executor, and there is another executor who accepts the trust and

qualifies, the latter may have letters testamentary and administer

the estate until the return of the absentee, or the majority of the

minor, who may then be admitted as joint executor. If there is no

other executor, letters of administration with the will annexed,

must be granted; but the court may, in its discretion, revoke them

Oklahoma Statutes - Title 58. Probate Procedure Page 26

on the return of the absent executor, or the arrival of the minor at

the age of majority.
Okla. Stat. tit. 58, § 58-595 — OK Code / Title 58 / Section 58-595
Order for the payment of debts
Status: in_force

Upon the settlement of the accounts of the personal

representative, at the end of the year, as required in this title,

the court must make an order for the payment of the debts, as the

circumstances of the estate require. If there be not sufficient

funds in the hands of the personal representative to pay in full all

the allowed debts, the court must specify in the decree the sum to

be paid to each creditor. If the whole assets of the estate be

exhausted by such payments, such account must be considered as a

final account, and the personal representative is entitled to his

discharge on producing and filing the necessary supporting documents

and proofs showing that such payments have been made, and that he

has fully complied with the decree of the court.
Okla. Stat. tit. 58, § 58-353 — OK Code / Title 58 / Section 58-353
Statement of claims
Status: in_force

At the same term at which he is required to return his

inventory, the executor or administrator must also return a

statement of all claims against the estate which have been presented

to him, if so required by the court; and from term to term

thereafter he must present a statement of claims subsequently

presented to him. In all such statements he must designate the

names of the creditors, the nature of each claim, when it became due

or will become due, and whether it was allowed or rejected by him.
Okla. Stat. tit. 58, § 58-1221 — OK Code / Title 58 / Section 58-1221
Minor's death or attainment of majority
Status: in_force

A. The custodian shall transfer in an appropriate manner the

custodial property to the minor, the minor's estate, or the minor's

beneficiary as prescribed in paragraph 2 of subsection A of Section

1210 of this title upon the earlier of:

1. The minor's attainment of eighteen (18) years of age with

respect to custodial property transferred pursuant to the provisions

of Section 1205 or 1206 of this title, unless the transfer is

delayed pursuant to subsection B of this section; or

2. The minor's attainment of majority pursuant to the laws of

this state with respect to custodial property transferred pursuant

to the provisions of Section 1207 or 1208 of this title; or

3. The minor's death.

B. A transfer required by paragraph 1 of subsection A of this

section may be delayed until a specified time after the minor

attains eighteen (18) years of age but not later than when the minor

attains twenty-one (21) years of age. The time for a transfer

Oklahoma Statutes - Title 58. Probate Procedure Page 156

pursuant to this subsection must be specified at the time of the

transfer whether made under Section 1210 of this title or by will or

trust and shall be in substantially the following words: "The

custodian shall transfer this property to _______ (name of minor)

[on (specified date)] [when (he or she) reaches the age of ______

(age, after eighteen (18) years and at or before twenty-one (21)

years)]."

C. To the extent the custodial property consists of deposit

accounts held at a financial institution, if the minor reaches the

age for release and the custodian does not make a timely transfer of

the property to the minor, the minor may make a request for the

account-holding financial institution to intervene. The request

from the minor shall be signed, dated and in writing, and shall

state that the minor has reached the age for release and the

custodian has refused to distribute the remaining funds to the minor

after being asked to do so by the minor after the minor was entitled

to them. Upon receiving the minor's request, the financial

institution may send a written demand to the custodian to transfer

to the minor the funds in any Oklahoma Uniform Transfers to Minors

Act deposit account. If the custodian does not make the

distribution within thirty (30) days from the date of the financial

institution's demand, the financial institution shall have the

authority to close the account and pay out the funds directly to the

minor without any liability or recourse from any parties.
Okla. Stat. tit. 58, § 58-311 — OK Code / Title 58 / Section 58-311
Property to be delivered to the family - Homestead
Status: in_force

Upon the death of either husband or wife, the survivor may

continue to possess and occupy the whole homestead, which shall not

in any event be subject to administration proceedings, except as in

this title provided, until it is otherwise disposed of according to

law; and upon the death of both husband and wife the children may

continue to possess and occupy the whole homestead until the

youngest child becomes of age. The title to the land set apart for

the homestead property shall pass, subject to the right of

homestead, the same as other property of the decedent and shall be

included in the decree of distribution. And in addition thereto,

the following property must be immediately delivered by the executor

Oklahoma Statutes - Title 58. Probate Procedure Page 58

or administrator to such surviving wife or husband, and child or

children, and is not to be deemed assets, namely:

1. All family pictures.

2. A pew or other sitting in any house of worship.

3. A lot or lots in any burial ground.

4. The family Bible and all school books used by the family,

and all other books used as part of the family library, not

exceeding in value of One Hundred Dollars ($100.00).

5. All wearing apparel and clothing of the decedent and his

family.

6. The provisions for the family necessary for one (1) year's

supply, either provided or growing, or both; and fuel necessary for

one (1) year.

7. All household and kitchen furniture, including stoves, beds,

bedsteads and bedding.

No such property shall be liable for any prior debts or claims

whatever.
Okla. Stat. tit. 58, § 58-419 — OK Code / Title 58 / Section 58-419
Order, terms and method of the sale
Status: in_force

The order of sale must describe the lands to be sold and the

terms of sale, which may be for cash or may be for one-fourth (1/4)

cash and the balance on a credit not exceeding two (2) years,

payable in gross or installments within that time, with interest, as

the court may direct. The land may be sold in one parcel or in

subdivisions, as the executor or administrator shall judge most

beneficial to the estate, unless the court otherwise specially

directs. If it appears that any part of such real estate has been

devised and not charged in such devise with the payment of debts or

legacies, the court must order the remainder to be sold before that

so devised. Every such sale must be ordered to be made at a public

auction, unless, in the opinion of the court, it would benefit the

estate to sell the whole or some part of such real estate at private

sale; the court may, if the same is asked for in the petition, order

or direct such real estate, or any part thereof, to be sold either

at public or private sale, as the executor or administrator shall

judge to be most beneficial to the estate. If the executor or

administrator neglects or refuses to make a sale under the order as

directed therein, he may be compelled to sell, by order of the

court, made on motion, after due notice, by any party interested.
Okla. Stat. tit. 58, § 58-351 — OK Code / Title 58 / Section 58-351
Claim by personal representative
Status: in_force

If the personal representative is a creditor of the decedent,

his claim must be presented for allowance or rejection to the judge

of the district court not later than the presentment date as

provided in the notice, and its allowance by the judge is sufficient

evidence of its correctness, and it must be paid as other claims, in

due course of administration. If, however, the judge rejects the

claim, action thereon may be had against the estate by the claimant,

and summons must be served upon the judge of the district court, who

may appoint an attorney at the expense of the estate, to defend the

action. If the claimant recover no judgment, he must pay all costs,

including defendant's attorney's fee.
Okla. Stat. tit. 58, § 58-3043 — OK Code / Title 58 / Section 58-3043
Uniformity of application
Status: in_force

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among the states that enact it.
Okla. Stat. tit. 58, § 58-1206 — OK Code / Title 58 / Section 58-1206
Personal representatives or trustees - Irrevocable
Status: in_force

transfers to custodian.

A. A personal representative or trustee may make an irrevocable

transfer pursuant to the provisions of Section 10 of this act to a

custodian for the benefit of a minor as authorized in the governing

will or trust.

B. If the testator or settlor has nominated a custodian

according to Section 4 of this act to receive the custodial

property, the transfer must be made to that person.

C. If the testator or settlor has not nominated a custodian

according to Section 4 of this act, or all persons so nominated as

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

ineligible to serve, the personal representative or the trustee, as

the case may be, shall designate the custodian from among those

eligible to serve as custodian for property of that kind according

to the provisions of subsection A of Section 10 of this act.
Okla. Stat. tit. 58, § 58-331 — OK Code / Title 58 / Section 58-331
Notice to creditors to present claims
Status: in_force

Every personal representative must, unless the notice has been

given by a special administrator as provided in Section 215 of this

title, within two (2) months after the issuance of his letters, file

notice to the creditors of the decedent stating that claims against

said deceased will be forever barred unless presented to such

personal representative, at the personal representative's place of

residence or business, or at the place of business of the attorney

for the personal representative, as specified in the notice, by the

presentment date stated in the notice. The presentment date shall

be a date certain which is at least two (2) months following the

date said notice is filed, and the first publication of said notice

shall appear on or before the tenth day after the filing of said

notice. If the presentment date stated is a Saturday, Sunday, or

legal holiday, the presentment date shall be deemed to be the next

succeeding day which is not a Saturday, Sunday, or legal holiday.

The notice to creditors shall be given by publication in some

newspaper in the county in which the probate is filed once each week

for two (2) consecutive weeks, and by mail to all known creditors of

the decedent at their respective last-known available addresses, in

accordance with Section 6 of this act. The notice shall be

substantially in the following form:

All creditors having claims against A B, deceased, are required

to present the same, with a description of all security interests

and other collateral (if any) held by each creditor with respect to

such claim, to the named personal representative at ______ (address

of the personal representative or attorney for the personal

representative) on or before the following presentment date:

_________________, or the same will be forever barred.

C D, Personal Representative

for the Estate of A B, deceased.

or

E F, Attorney for Personal Representative

Dated ________________, 19__.

Provided, that in all proceedings wherein the decedent has been

dead for a period of more than five (5) years prior to the

commencement of a probate proceeding for said decedent's estate, or

where regular proceedings have been dispensed with pursuant to

Section 241 of this title, the presentment date may be stated to be

a date certain (subject to the above provisions regarding the

stating of the presentment date as a Saturday, Sunday, or legal

holiday) which is at least one (1) month following the date said

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

Oklahoma Statutes - Title 58. Probate Procedure Page 61

which the probate is pending, and the first publication of said

notice shall appear on or before the tenth day after the filing of

said notice with said district court clerk.
Okla. Stat. tit. 58, § 58-714 — OK Code / Title 58 / Section 58-714
Joinder of proceedings relating to different estates
Status: in_force

Proceedings for probate of wills of two or more deceased persons

may be joined and united in one proceeding, and proceedings for

administration of estates of two or more deceased persons who died

intestate may be joined and united in one proceeding. Proceedings

for probate of wills of one or more deceased persons and proceedings

for the administration of estates of one or more deceased persons

who died intestate may be joined and united in one proceeding.

Where the estate or estates or some part thereof left by one or more

of such deceased persons, has been or is to be received from another

of such deceased persons, immediately or remotely, either by will or

intestate succession, and no probate or administration proceedings

have been had or commenced upon the estate of any of such deceased

persons, and/or where two or more deceased persons died seized of

undivided interests in property, real or personal, as tenants in

common or otherwise, and no probate or administration proceedings

have been had or commenced on the estate of either or any of them,

and one or more of the heirs, devisees or legatees of such deceased

persons are the same, the court may grant letters testamentary

and/or letters of administration, as the case may be, upon such

estates in any county where venue would be proper for any of the

estates so joined and they may be administered in one proceeding.

In all cases herein mentioned the court granting such letters has

jurisdiction of each of the proceedings so united. Notice required

to be published by this title including but not limited to notice to

determine heirs, notice to creditors, or notice of hearing on

petition for final settlement, shall be published in the county

where the action is pending and the county of the residence of each

decedent if a resident of this state at death. Any such proceeding

before the effective date of this act shall be deemed to be in

compliance with applicable venue statutes.
Okla. Stat. tit. 58, § 58-232 — OK Code / Title 58 / Section 58-232
Acts before revocation of letters are valid
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 39

All acts of executor or administrator, as such, before the

revocation of his letters testamentary or of administration, are as

valid, to all intents and purposes, as if such executor or

administrator had continued lawfully to execute the duties of his

trust.
Okla. Stat. tit. 58, § 58-1219 — OK Code / Title 58 / Section 58-1219
Successor or substitute custodian
Status: in_force

A. A person nominated in accordance with the provisions of

Section 4 of this act or designated pursuant to the provisions of

Section 10 of this act as custodian may decline to serve by

delivering a valid disclaimer pursuant to the provisions of Sections

751 through 759 of Title 60 of the Oklahoma Statutes to the person

who made the nomination or to the transferor or the transferor's

legal representative. If the event giving rise to a transfer has

not occurred and no substitute custodian able, willing, and eligible

to serve was nominated in accordance with the provisions of Section

4 of this act, the person who made the nomination may nominate a

substitute custodian in accordance with the provisions of Section 4

Oklahoma Statutes - Title 58. Probate Procedure Page 154

of this act; otherwise, the transferor or the transferor's legal

representative shall designate a substitute custodian at the time of

the transfer, in either case from among the persons eligible to

serve as custodian for that kind of property in accordance with the

provisions of subsection A of Section 10 of this act. The custodian

so designated has the rights of a successor custodian.

B. A custodian at any time may designate a trust company or an

adult other than a transferor according to the provisions of Section

5 of this act as successor custodian by executing and dating an

instrument of designation before a subscribing witness other than

the successor. If the instrument of designation does not contain or

is not accompanied by the resignation of the custodian, the

designation of the successor does not take effect until the

custodian resigns, dies, becomes incapacitated, or is removed.

C. A custodian may resign at any time by delivering written

notice to the minor if the minor has attained the age of fourteen

(14) years and to the successor custodian and by delivering the

custodial property to the successor custodian.

D. If a custodian is ineligible, dies, or becomes incapacitated

without having effectively designated a successor custodian and the

minor has attained the age of fourteen (14) years, the minor may

designate as successor custodian, in the manner prescribed in

subsection B of this section, an adult member of the minor's family,

a guardian of the minor, or a trust company. If the minor has not

attained the age of fourteen (14) years or fails to act within sixty

(60) days after the ineligibility, death, or incapacity, the

guardian of the minor becomes successor custodian. If the minor has

no guardian or the guardian declines to act, the transferor, the

legal representative of the transferor or of the custodian, an adult

member of the minor's family, or any other interested person may

petition the court to designate a successor custodian.

E. A custodian who declines to serve in accordance with the

provisions of subsection A of this section or resigns pursuant to

the provisions of subsection C of this section, or the legal

representative of a deceased or incapacitated custodian, as soon as

practicable, shall put the custodial property and records in the

possession and control of the successor custodian. The successor

custodian, by action, may enforce the obligation to deliver

custodial property and records and becomes responsible for each item

as received.

F. A transferor, the legal representative of a transferor, an

adult member of the minor's family, a guardian of the person of the

minor, the conservator of the minor, or the minor if the minor has

attained the age of fourteen (14) years may petition the court to

remove the custodian for cause and to designate a successor

custodian other than a transferor pursuant to the provisions of

Oklahoma Statutes - Title 58. Probate Procedure Page 155

Section 5 of this act or to require the custodian to give

appropriate bond.
Okla. Stat. tit. 58, § 58-632.3 — OK Code / Title 58 / Section 58-632.3
Compliance with notice requirements - Form of final
Status: in_force

decree - Voidable decree.

1. At the hearing on the final account of any personal

representative who has given notice to creditors as provided in this

title, the judge shall conduct an inquiry to judicially determine

whether the personal representative has complied with the provisions

of Sections 243 and 331 of this title.

2. The final decree shall contain a finding in substantially

the following form:

a. That notice to creditors as required by Sections 243

and 331 of this title was given by the personal

representative, including notice by mail to all

creditors, if any, known to the personal

representative as of the date said notice was filed

with the district court clerk for the county in which

the probate is pending, at their respective last-known

addresses; and

b. That all claims not filed within the time permitted

for the presentation of claims are nonsuited, void and

forever barred, except as otherwise provided in this

title or any claim for which payment is approved in

this decree pursuant to Section 335 of this title.

Oklahoma Statutes - Title 58. Probate Procedure Page 105

3. A final decree which fails to contain the finding required

by this section shall be voidable.

4. If the affidavits required by Section 332 of this title are

filed in the probate proceeding for the decedent's estate prior to

the entry of the final decree and the final decree contains the

findings required by this section, the failure of a personal

representative to give actual notice to a creditor shall not impair

the marketability of the title to any property, real or personal,

distributed from the estate.

5. Marketability of the title to any property, real or

personal, sold during the administration of an estate shall not be

impaired or affected by the requirements of this title for giving

notice to creditors of a decedent.
Okla. Stat. tit. 58, § 58-1202 — OK Code / Title 58 / Section 58-1202
Definitions
Status: in_force

As used in the Oklahoma Uniform Transfers to Minors Act:

1. "Adult" means an individual who has attained the age of

twenty-one (21) years.

Oklahoma Statutes - Title 58. Probate Procedure Page 144

2. "Benefit plan" means an employer's plan for the benefit of

an employee or partner.

3. "Broker" means a person lawfully engaged in the business of

effecting transactions in securities or commodities for the person's

own account or for the account of others.

4. "Guardian" means a person appointed or qualified by a court

to act as guardian of the estate or of the person and the estate.

5. "Court" means the district court of this state in the county

where the minor resides, or, if the minor is not a resident of this

state, the district court of this state in the county where the

custodian resides or has his principal place of business.

6. "Custodial property" means:

a. any interest in property transferred to a custodian

pursuant to the provisions of the Oklahoma Uniform

Transfers to Minors Act, and

b. the income from and proceeds of that interest in

property.

7. "Custodian" means a person so designated pursuant to Section

1210 of this title or a successor or substitute custodian designated

pursuant to Section 1219 of this title.

8. "Financial institution" means a bank, trust company, savings

institution, or credit union, chartered and supervised according to

state or federal law.

9. "Legal representative" means an individual's personal

representative, conservator, or guardian.

10. "Member of the minor's family" means the minor's parent,

stepparent, spouse, grandparent, brother, sister, uncle, or aunt,

whether of the whole or half blood or by adoption.

11. "Minor" means an individual who has not attained the age of

twenty-one (21) years.

12. "Person" means an individual, corporation, organization, or

other legal entity.

13. "Personal representative" means an executor, administrator,

successor personal representative, or special administrator of a

decedent's estate, or a person legally authorized to perform

substantially the same functions.

14. "State" includes any state of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession subject to the legislative authority of the

United States.

15. "Transfer" means a transaction that creates custodial

property pursuant to Section 1210 of this title.

16. "Transferor" means a person who makes a transfer pursuant

to the provisions of the Oklahoma Uniform Transfers to Minors Act.

17. "Trust company" means a financial institution, corporation,

or other legal entity, authorized to exercise general trust powers.

Oklahoma Statutes - Title 58. Probate Procedure Page 145
Okla. Stat. tit. 58, § 58-1001 — OK Code / Title 58 / Section 58-1001
Disposition of property upon insufficient evidence of
Status: in_force

survivorship.

Where the title to property or the devolution thereof depends

upon priority of death of two or more persons and there is no

sufficient evidence to establish that the persons have died

otherwise than simultaneously, the property of each person shall be

disposed of as if he had survived, except as provided otherwise in

this act.
Okla. Stat. tit. 58, § 58-724 — OK Code / Title 58 / Section 58-724
Probate appeals taken as appeals in other cases
Status: in_force

An appeal in a probate proceeding must be taken as appeals in

other cases in the district court.
Okla. Stat. tit. 58, § 58-415 — OK Code / Title 58 / Section 58-415
Hearing of petition
Status: in_force

If all heirs, legatees and devisees in said estate do not file

in court their written consent to such sale, the district court, at

the time and place appointed in such order or at any other time to

which the hearing may be postponed, upon satisfactory proof of

service, mailing or publication of a copy of the order to show

cause, and of posting the same, as provided in this chapter, by

affidavit or otherwise, must proceed to hear the petition, and hear

and examine the allegations and proofs of the petitioners and all

heirs, legatees and devisees of said decedent who may oppose the

application.
Okla. Stat. tit. 58, § 58-344 — OK Code / Title 58 / Section 58-344
Partial allowance of claim
Status: in_force

Whenever any claim is presented to an executor or administrator,

or to the judge of the district court, and he is willing to allow

the same in part, he must state in his endorsement the amount he is

willing to allow. If the creditor refuse to accept the amount

allowed in satisfaction of his claim, he shall recover no costs in

an action therefor, brought against the executor or administrator,

unless he recovers a greater amount than that offered to be allowed.
Okla. Stat. tit. 58, § 58-65 — OK Code / Title 58 / Section 58-65
Result of revocation
Status: in_force

Upon the revocation being made, the powers of the executor or

administrator with the will annexed, must cease; but such executor

or administrator shall not be liable for any act done in good faith

previous to the revocation.
Okla. Stat. tit. 58, § 58-472 — OK Code / Title 58 / Section 58-472
Contribution from devisees and legatees
Status: in_force

When an estate given by will has been sold for the payment of

debts or expenses, all the devisees and legatees must contribute

according to their respective interests to the devisee or legatee

whose devise or legacy has been taken therefor, and the district

court, when distribution is made, must, by decree for that purpose,

settle the amount of the several liabilities, and decree the amount

each person shall contribute, and reserve the same from their

distributive shares respectively, for the purpose of paying such

contribution.
Okla. Stat. tit. 58, § 58-3045 — OK Code / Title 58 / Section 58-3045
Effect on existing powers of attorney
Status: in_force

Except as otherwise provided in this act, on the effective date

of this act:

1. This act applies to a power of attorney created before, on

or after the effective date of this act;

2. This act applies to a judicial proceeding concerning a power

of attorney commenced on or after the effective date of this act;

3. This act applies to a judicial proceeding concerning a power

of attorney commenced before the effective date of this act unless

the court finds that application of a provision of this act would

substantially interfere with the effective conduct of the judicial

proceeding or prejudice the rights of a party, in which case that

provision does not apply and the superseded law applies; and

Oklahoma Statutes - Title 58. Probate Procedure Page 193

4. A power of attorney created before the effective date of

this act is not affected by this act.
Okla. Stat. tit. 58, § 58-338 — OK Code / Title 58 / Section 58-338
Claims filed in court after allowance
Status: in_force

Every claim allowed by the personal representative, and approved

by the judge, must, within thirty (30) days after approval by the

judge, be filed in the district court and ranked among the

acknowledged debts of the estate, to be paid in due course of

administration. If the claimant has left any original voucher in

the hands of the personal representative, or suffered the same to be

filed in court, he may withdraw the same when a copy of the same has

been already, or is then, attached to his claim.
Okla. Stat. tit. 58, § 58-495 — OK Code / Title 58 / Section 58-495
Account of sale
Status: in_force

When a sale has been made by an executor or administrator, of

any property of the estate, real or personal, he must return to the

district court, within thirty (30) days, an account of sales,

verified by his affidavit. If he neglect to make such return, he

may be punished by attachment, or his letters may be revoked, one

(1) day's notice having been first given him to appear and show

cause why such attachment should not issue or such revocation should

not be made.
Okla. Stat. tit. 58, § 58-486 — OK Code / Title 58 / Section 58-486
Holder of mortgage may purchase land
Status: in_force

At any sale under order of the district court, of lands upon

which there is a mortgage or lien, the holder thereof may become the

purchaser, and his receipt for the amount due him from the proceeds

of the sale is a payment pro tanto. If the amount for which he

purchased the property is insufficient to defray the expenses and

discharge his mortgage or lien, he must pay to the judge an amount

sufficient to pay such expenses.
Okla. Stat. tit. 58, § 58-127 — OK Code / Title 58 / Section 58-127
Requisites of petition for administration
Status: in_force

Petition for letters of administration must be in writing,

signed by the applicant or his counsel, and filed with the judge of

the court stating the facts essential to give the court jurisdiction

of the case, and when known to the applicant, he must state the

names, ages and residence of the heirs of the decedent, and the

value and character of the property. If the jurisdictional facts

existed, but are not fully set forth in the petition, and are

afterwards proved in the course of administration, the decree or

Oklahoma Statutes - Title 58. Probate Procedure Page 29

order of administration and subsequent proceedings are not void on

account of such want of jurisdictional averments.
Okla. Stat. tit. 58, § 58-246 — OK Code / Title 58 / Section 58-246
Petition for summary administration - Notice
Status: in_force

A. Upon the filing of the petition and combined notice, the

court shall dispense with the regular estate proceedings prescribed

by law and the court shall order notice to creditors and issue an

order granting final hearing upon the petition for admission of the

will, if any, to probate, the petition for summary administration,

the final accounting, and the petition for determination of

heirship, distribution and discharge. However, nothing in this

section shall affect the lien upon any property for any estate or

transfer tax which may be due upon the estate of the decedent.

B. Notice to creditors and notice of hearing upon the petition

for summary administration and the final accounting, determination

of heirship, and distribution and discharge shall be combined into

one notice, referred to as a "combined notice". Combined notice

shall be filed within five (5) days from the granting of the order

admitting the petition and order for combined notice. The combined

notice shall set forth the following:

Oklahoma Statutes - Title 58. Probate Procedure Page 46

1. The name, address, and date of death of the decedent;

2. The name and address of the petitioner;

3. Whether a will exists;

4. The name and address of the personal representative, if

specified;

5. The name and address of the heirs or devisees;

6. The probable value of the estate of the decedent as set

forth in the petition;

7. The date, time and place of the final hearing;

8. That the person receiving the notice or any interested party

may file objections to the petition at any time before the final

hearing and send a copy to the petitioner or that person will be

deemed to have waived any objections to the petition;

9. That if an objection is filed before the hearing, the court

will determine at the hearing whether the will attached to the

petition shall be admitted to probate, whether summary proceedings

are appropriate and, if so, whether the estate will be distributed

and to whom the estate will be distributed; and

10. The claim of any creditor will be barred unless the claim

is presented to the personal representative no more than thirty (30)

days following the granting of the order admitting the petition and

combined notice.

C. Within ten (10) days of the granting of the order admitting

the petition and combined notice, notice of the petition, notice to

creditors, and notice of final accounting, determination of

heirship, distribution and discharge shall be published once each

week for two (2) consecutive weeks in a newspaper that is authorized

by law to publish legal notices and that is published in the county

where the petition is filed. If no newspaper authorized by law to

publish legal notices is published in the county, the notice shall

be posted in three public places in the county, one of which shall

be the county courthouse. Within ten (10) days of the granting of

the order admitting the petition and combined notice, the combined

notice shall be mailed to creditors of the decedent as provided in

Sections 331 and 331.1 of this title. Within ten (10) days of the

granting of the order admitting the petition and combined notice,

the combined notice shall be mailed to all persons interested in the

estate of the decedent at their respective last-known addresses.

D. The matter shall be set for final hearing not less than

forty-five (45) days following the granting of the order admitting

the petition and combined notice.

E. If there is a defect in notice or in the form of the

petition or if objections are filed, or for other good cause shown,

the hearing may be postponed to a date certain.
Okla. Stat. tit. 58, § 58-288 — OK Code / Title 58 / Section 58-288
Refusal to return inventory - Penalty - Revocation of
Status: in_force

letters.

If an executor or administrator neglects or refuses to return

the inventory within the time prescribed, or within such further

time, not exceeding two (2) months, as the judge shall, for a

reasonable cause allow, the court may, upon notice, revoke the

letters testamentary or of administration, and the executor or

administrator is liable on his bond for any injury to the estate, or

any person interested therein, arising from such failure.
Okla. Stat. tit. 58, § 58-108 — OK Code / Title 58 / Section 58-108
Presumed renunciation of executorship
Status: in_force

If the person named in a will as executor, for thirty (30) days

after he has knowledge of the death of the testator, and that he is

named as executor, fails to petition the proper court for the

probate of the will, and that letters testamentary be issued to him,

he may be held to have renounced his right to letters, and the court

may appoint any other competent person administrator, unless good

cause for delay is shown.
Okla. Stat. tit. 58, § 58-3031 — OK Code / Title 58 / Section 58-3031
Banks and other financial institutions
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to banks

and other financial institutions authorizes the agent to:

1. Continue, modify and terminate an account or other banking

arrangement made by or on behalf of the principal;

2. Establish, modify and terminate an account or other banking

arrangement with a bank, trust company, savings and loan

association, credit union, thrift company, brokerage firm or other

financial institution selected by the agent;

3. Contract for services available from a financial

institution, including renting a safe deposit box or space in a

vault;

4. Withdraw, by check, order, electronic funds transfer or

otherwise, money or property of the principal deposited with or left

in the custody of a financial institution;

5. Receive statements of account, vouchers, notices and similar

documents from a financial institution and act with respect to them;

6. Enter a safe deposit box or vault and withdraw or add to the

contents;

7. Borrow money and pledge as security personal property of the

principal necessary to borrow money or pay, renew or extend the time

Oklahoma Statutes - Title 58. Probate Procedure Page 178

of payment of a debt of the principal or a debt guaranteed by the

principal;

8. Make, assign, draw, endorse, discount, guarantee and

negotiate promissory notes, checks, drafts and other negotiable or

nonnegotiable paper of the principal or payable to the principal or

the principal's order, transfer money, receive the cash or other

proceeds of those transactions, and accept a draft drawn by a person

upon the principal and pay it when due;

9. Receive for the principal and act upon a sight draft,

warehouse receipt or other document of title whether tangible or

electronic, or other negotiable or nonnegotiable instrument;

10. Apply for, receive and use letters of credit, credit and

debit cards, electronic transaction authorizations and traveler's

checks from a financial institution and give an indemnity or other

agreement in connection with letters of credit; and

11. Consent to an extension of the time of payment with respect

to commercial paper or a financial transaction with a financial

institution.
Okla. Stat. tit. 58, § 58-929.2 — OK Code / Title 58 / Section 58-929.2
Filing of verified applications for approval - Contents
Status: in_force

The executor or administrator or guardian after having

negotiated the sale of any such leasehold estate or interest

therein, or after having entered into any agreement, as authorized

in Section One (1) of this act, shall file with the court a verified

application for the approval of such sale or agreement. An

application for the approval of a sale shall set forth the interest

of the estate of said decedent or ward in said leasehold as nearly

as same can be determined, the lands covered thereby, the part of or

interest in said leasehold being sold, the name of the purchaser,

the consideration for the sale, and shall allege that the sale is

for the best interest of the estate of said decedent or ward. A

copy of the lease or leases and the proposed assignment or

conveyance thereof shall be attached to the application. An

application for the approval of an agreement shall set forth the

interest of the estate of said decedent or ward in the leasehold,

the lands covered thereby, a brief statement of the purpose of said

agreement and the part of or interest in said leasehold covered

thereby, and shall allege that said agreement is for the best

interest of the estate of said decedent or ward. A copy of the

agreement shall be attached to said application. Where both a sale

and agreement or agreements pertain to the same leaseholds, or are

Oklahoma Statutes - Title 58. Probate Procedure Page 130

the result of the same transaction, a single application may be

filed. Upon the filing of any such application the court must fix a

day for hearing same pursuant to notice as provided in Section Three

(3) of this act.