Okla. Stat. tit. 58, § 58-171 — OK Code / Title 58 / Section 58-171
Necessity and requisites of bond
Status: in_force

Every person to whom letters testamentary or of administration

are directed to issue must, before receiving them, execute a bond to

the State of Oklahoma with two or more sufficient sureties, to be

approved by the judge of the district court. In form the bond must

be joint and several, and the penalty must be in such sum as the

court shall order after his examination on oath the party applying,

and any other persons, as to the probable value of the personal

property and the probable value of the annual rents from the real

property and other circumstances pertaining thereto. Provided,

however, the court may in its judgment make an order that no bond

shall be required if the circumstances indicate none is necessary.
Okla. Stat. tit. 58, § 58-3023 — OK Code / Title 58 / Section 58-3023
Remedies under other law
Status: in_force

The remedies under this act are not exclusive and do not

abrogate any right or remedy under the law of this state other than

this act.
Okla. Stat. tit. 58, § 58-41 — OK Code / Title 58 / Section 58-41
Proceedings on contest
Status: in_force

If anyone appears to contest the will, he must file written

grounds of opposition to the probate thereof, and serve a copy on

the petitioner and other residents of the county interested in the

estate, any one or more of whom may demur thereto upon any of the

grounds of demurrer allowed by law in civil actions. If the

demurrer be sustained, the court must allow the contestant a

reasonable time, not exceeding ten (10) days, within which to amend

his written opposition. If the demurrer is overruled, the

petitioner and others interested may jointly or separately answer

the contestant's grounds, traversing or otherwise obviating or

avoiding the objections. Any issues of fact thus raised, involving:

1. The competency of the decedent to make a last will and

testament.

2. The freedom of the decedent at the time of the execution of

the will from duress, menace, fraud, or undue influence.

3. The due execution and attestation of the will by the

decedent or subscribing witnesses; or,

4. Any other questions substantially affecting the validity of

the will must be tried and determined by the court.

On the trial the contestant is plaintiff, and the petitioner is

defendant.

R.L. 1910, § 6210.
Okla. Stat. tit. 58, § 58-499 — OK Code / Title 58 / Section 58-499
Sale on increased bid procured by agent
Status: in_force

Where an original bid is made by a purchaser direct to the

estate and, thereafter, at the time of hearing the return of sale

containing the original bid, an increased bid is made by a bona fide

agent which results in the confirmation and sale of the property at

such increased bid, the court shall allow a commission to the agent

who procured the increased bid, which commission shall be fixed by

the court at such amount as the court, in its discretion, finds will

be a reasonable compensation for the services of the agent to the

estate.
Okla. Stat. tit. 58, § 58-632.2 — OK Code / Title 58 / Section 58-632.2
Validation of decrees entered prior to January 1, 1951
Status: in_force

In all cases of administration of estates of deceased persons in

this state, where the final decrees have been entered prior to

January 1, 1951, and which said final decrees are, or may be,

defective or invalid by reason of any failure to make, or any defect

in, the final account, or in the petition for distribution and

determination of heirship, or in the order setting the same for

hearing, or in the notice of hearing thereon, said final decrees are

hereby validated; provided, however, this act shall not apply to any

case wherein action is instituted and maintained to modify or vacate

such final decree prior to January 1, 1956, and provided, further,

that the above shall not apply to insane persons, incompetents, or

to any person laboring under legal disability.
Okla. Stat. tit. 58, § 58-945 — OK Code / Title 58 / Section 58-945
Persons entitled to appear
Status: in_force

Who may appear - Any person interested in said estate of said

absent person may appear at said hearing and contest the same.
Okla. Stat. tit. 58, § 58-554 — OK Code / Title 58 / Section 58-554
Exceptions to the account
Status: in_force

On the day appointed, or any subsequent day to which the hearing

may be postponed by the court, any person interested in the estate

may appear and file his exceptions in writing to the account, and

contest the same.
Okla. Stat. tit. 58, § 58-428 — OK Code / Title 58 / Section 58-428
Confirmation of sale - Resale, when
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 84

If it appear to the court that the sale was legally made and

fairly conducted, and that the sum bid was not disproportionate to

the value of the property sold, and that a greater sum, as above

specified, cannot be obtained, or if the increased bid mentioned in

the second preceding section be made and accepted by the court, the

court must make an order confirming the sale, and directing

conveyances to be executed. The sale from that time is confirmed

and valid, and a certified copy of the order confirming it and

directing conveyances to be executed must be recorded in the office

of the register of deeds of the county within which the land sold is

situated. If after the confirmation the purchaser neglects or

refuses to comply with the terms of sale the court may, on motion of

the executor or administrator, and after notice to the purchaser,

order a resale to be made of the property. If the amount realized

on such resale does not cover the bid and the expenses of the

previous sale, such purchaser is liable for the deficiency to the

estate.
Okla. Stat. tit. 58, § 58-624 — OK Code / Title 58 / Section 58-624
Allowance of petition - Order
Status: in_force

If at the hearing it appears that the estate is but little

indebted, and that the share of the party applying may be allowed to

him without loss to the creditors of the estate, the court must make

an order in conformity with the prayer of the applicant, requiring:

1. Each heir, legatee or devisee obtaining such order, before

receiving his share of the estate or any portion thereof, to execute

and deliver to the executor or administrator a bond, in such sum as

shall be designated by the court, with surety or sureties to be

approved by the court, payable to the executor or administrator, and

conditioned for the payment, whenever required, of his proportion of

the debts due from the estate, not exceeding the value or amount of

the legacy or portion of the estate to which he is entitled. If the

court determines that the circumstances are such that a bond is not

necessary, the court may order that no bond shall be required.

2. The executor or administrator to deliver to the heir,

legatee or devisee the whole portion of the estate to which he may

be entitled, or only a part thereof, designating it.

If, in the execution of the order, a partition is necessary

between two or more of the parties interested, it must be made in

the manner hereinafter prescribed. The costs of these proceedings

shall be paid by the applicant, or if there be more than one, shall

be apportioned equally amongst them.
Okla. Stat. tit. 58, § 58-341 — OK Code / Title 58 / Section 58-341
Claim must be presented before suit
Status: in_force

No holder of any claim against an estate shall maintain any

action thereon, unless the claim is first presented to the executor

or administrator.
Okla. Stat. tit. 58, § 58-613 — OK Code / Title 58 / Section 58-613
Provisions applying to final settlement
Status: in_force

If he neglect to render his account, the same proceedings may be

had as prescribed in this chapter in regard to the first account to

be rendered by him; and all the provisions of this chapter relative

to the last mentioned account, and the notice and settlement

thereof, apply to his account presented for final settlement.
Okla. Stat. tit. 58, § 58-53 — OK Code / Title 58 / Section 58-53
Proof required
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 21

If, on the hearing, it appears upon the face of the record that

the will has been proved, allowed and admitted to probate in any of

the territories, or any state of the United States, the District of

Columbia, or in any foreign country or state, and that it was

executed according to the law of the place in which the same was

made, or in which the testator was at the time domiciled, or in

conformity with the laws of this state, it must be admitted to

probate, be certified in like manner according to the facts, and

recorded, and have the same force and effect as a will first

admitted to probate in this state, and letters testamentary or of

administration issued thereon.
Okla. Stat. tit. 58, § 58-381 — OK Code / Title 58 / Section 58-381
Property not exempt may be sold for debt
Status: in_force

All the property of a decedent, except as otherwise provided for

the homestead and personal property set apart for the surviving wife

or husband and minor child or children, shall be chargeable with the

payment of the debts of the deceased, the expenses of the

administration, and the allowance to the family. And the property,

personal and real, may be sold as the court may direct, in the

manner hereinafter prescribed. There shall be no priority as

between personal and real property for the above purposes.
Okla. Stat. tit. 58, § 58-1205 — OK Code / Title 58 / Section 58-1205
Irrevocable transfers to custodian
Status: in_force

A person may make a transfer by irrevocable gift to, or the

irrevocable exercise of a power of appointment in favor of, a

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

Section 10 of this act.
Okla. Stat. tit. 58, § 58-66 — OK Code / Title 58 / Section 58-66
Costs of contest
Status: in_force

The fees and expenses must be paid by the party contesting the

validity or probate of the will, if the will in probate be

confirmed. If the probate be annulled and revoked, the costs must be

paid by the party who resisted the revocation, or out of the

property of the decedent, as the court directs.
Okla. Stat. tit. 58, § 58-542 — OK Code / Title 58 / Section 58-542
Citation upon failure
Status: in_force

If the executor or administrator fail to render an exhibit when

required to do so, the judge of the district court must issue a

citation requiring him to appear and render it.
Okla. Stat. tit. 58, § 58-179 — OK Code / Title 58 / Section 58-179
Petition when bond insufficient - Further security
Status: in_force

Any person interested in an estate may, by verified petition,

represent to the judge of the district court that the sureties of

the executor or administrator thereof have become, or are becoming

insolvent or that they have removed or are about to remove from this

Oklahoma Statutes - Title 58. Probate Procedure Page 34

state, or that from any other cause the bond is insufficient, and

ask that further security be required.
Okla. Stat. tit. 58, § 58-944 — OK Code / Title 58 / Section 58-944
Date for hearing - Notice - Proof of publication and
Status: in_force

mailing.

A. Upon the petition as provided for in Section 943 of this

title being filed, the court must fix a day for hearing the same,

not less than thirty (30) days from the date of the filing thereof,

and shall cause notice of such hearing to be given to such absent

person, his heirs, devisees or legatees, and any person or persons

interested in his estate by:

1. publishing said notice once each week for three (3)

consecutive weeks in a newspaper in said county; and

2. publishing said notice once each week for three (3)

consecutive weeks in a newspaper at the last location where the

absentee was last heard from; and

3. mailing copies of such notice to the last-known address of

the absentee and to all known relatives of said absent person, and

all other persons interested in the estate, known to the petitioner,

at their last-known place of residence, and deposited in the post

office with the postage thereon prepaid by the petitioner, at least

twenty (20) days prior to the date of said hearing.

B. The notice must be issued by the court. Proof of

publication and of mailing the notices must be made at the hearing.
Okla. Stat. tit. 58, § 58-3003 — OK Code / Title 58 / Section 58-3003
Applicability
Status: in_force

This act applies to all powers of attorney except:

1. A power to the extent it is coupled with an interest in the

subject of the power, including a power given to or for the benefit

of a creditor in connection with a credit transaction;

2. A power to make health care decisions;

3. A proxy or other delegation to exercise voting rights or

management rights with respect to an entity; and

4. A power created on a form prescribed by a government or

governmental subdivision, agency or instrumentality for a

governmental purpose.
Okla. Stat. tit. 58, § 58-331.1 — OK Code / Title 58 / Section 58-331.1
Identification of creditors
Status: in_force

A. As used in this act, "known creditors", and related or

similar references shall mean those creditors of the decedent

actually known to the personal representative or reasonably

ascertainable by the personal representative as of the date notice

to creditors is filed. "Reasonably ascertainable creditors" shall

be those whose identities, last-known addresses and claims can be

determined by reasonably diligent efforts of the personal

representative. If reasonable under the circumstances, such efforts

shall include the personal representative's conducting a search

after the decedent's death and prior to the filing of the notice to

creditors, of the personal effects of the decedent.

B. The filing of the affidavit provided for in Section 332 of

Title 58 of the Oklahoma Statutes shall constitute an affirmation by

the personal representative that reasonably diligent efforts have

been made by the personal representative to determine the

identities, last-known addresses and claims of the decedent's

creditors in accordance with this section.

C. As used in this act, "probate", and related or similar

references, include both probate and administration proceedings.
Okla. Stat. tit. 58, § 58-34 — OK Code / Title 58 / Section 58-34
Mailing and proof of mailing - Persons authorized to make
Status: in_force

When mailing is required by Section 21 et seq. of this title,

the mailing shall be made by the court clerk or a deputy court clerk

or by the attorney for the party and proof of the mailing shall be

by affidavit of the court clerk or deputy court clerk or attorney

filed in the case. Any mailing made pursuant to this section after

June 22, 1988, which is in compliance with the provisions of this

section at the time this act becomes effective, shall be deemed to

be in compliance with this section.
Okla. Stat. tit. 58, § 58-961 — OK Code / Title 58 / Section 58-961
Power to lease or extend lease - Term - Petition - Persons
Status: in_force

entitled to be heard.

When they shall deem it necessary, in order to preserve the

value of such property, or its rental value, administrators,

administrators with will annexed and executors of deceased persons,

and guardians of minors or incompetent persons may lease or extend

existing leases as to business property, or property to be improved

for business purposes, or property used for wind energy conversion,

belonging to the estate of said deceased persons, minor or

incompetent person, for a term of not more than fifteen (15) years,

with the approval of the district court administering said estate of

such deceased person, or minor or incompetent person. In order to

obtain said approval said administrator, administrator with will

annexed, executor or guardian shall file in said district court a

petition setting out the general nature of the property desired to

be leased, or upon which the lease is desired to be extended, and

Oklahoma Statutes - Title 58. Probate Procedure Page 135

the facts relative to the necessity of such lease for the

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

The heirs, devisees and legatees of said deceased person and the

next of kin of said minor or incompetent person are designated as

persons interested in the estate and are entitled to be heard with

respect to such proposed leasing. Provided, if the will of such

deceased person shall authorize the executor or administrator with

will annexed to sell the property of said decedent such authority

shall be considered to include and extend the power to lease said

property and further compliance with this act shall not be

necessary.
Okla. Stat. tit. 58, § 58-269 — OK Code / Title 58 / Section 58-269
Executor or administrator - Powers
Status: in_force

The executor or administrator of an estate shall have the power,

where otherwise authorized, to take control of, conduct, continue,

or terminate any accounts of a deceased person on any social

networking website, any microblogging or short message service

website or any e-mail service websites.
Okla. Stat. tit. 58, § 58-621 — OK Code / Title 58 / Section 58-621
Petition for legacy or share of estate
Status: in_force

At any time after the lapse of three (3) months from the issuing

of letters testamentary or of administration, any heir, devisee or

legatee or personal representative of the estate of the decedent on

behalf of such heir, devisee or legatee may present his petition to

the court for the legacy or shareof the estate to which he is

entitled, to be given to him upon his giving bond, with security,

for the payment of his proportion of the debts of the estate unless

said bond is not required by the court.
Okla. Stat. tit. 58, § 58-1 — OK Code / Title 58 / Section 58-1
Probate jurisdiction and venue of district court
Status: in_force

A. The district court has probate jurisdiction, and the judge

thereof power, which must be exercised in the cases and in the

manner prescribed by statute:

1. To open and receive proof of last wills and testaments, and

to admit them to proof and to revoke the probate thereof, and to

allow and record foreign wills;

2. To grant letters testamentary, of administration and of

guardianship, and to revoke the same;

3. To appoint appraisers of estates of deceased persons and of

minors and incapacitated persons;

4. To compel personal representatives and guardians to render

accounts;

5. To order the sale of property of estates, or belonging to

minors or to incapacitated persons;

6. To order the payments of debts from estates or

guardianships;

7. To order and regulate all distribution of property or

estates of deceased persons;

8. To compel the attendance of witnesses and the production of

title deeds, papers, and other property of an estate, or of a minor,

or incapacitated persons;

9. To exercise all the powers conferred by this chapter or by

other law;

10. To make such orders as may be necessary to the exercise of

the powers conferred upon it; and

Oklahoma Statutes - Title 58. Probate Procedure Page 11

11. To appoint and remove guardians for infants, and for

persons insane or who are otherwise incapacitated persons; to compel

payment and delivery by them of money or property belonging to their

wards, to control their conduct and settle their accounts.

B. The district court which has jurisdiction and venue of the

administration of any estate is granted jurisdiction and venue to

cause Oklahoma and federal estate taxes to be equitably apportioned

and collected.

C. The district court which has jurisdiction and venue of the

administration of any estate is granted unlimited concurrent

jurisdiction and venue to hear and determine:

1. In whom the title to any property is vested, whether the

property is real, personal, tangible, intangible, or any combination

thereof;

2. Rights with respect to such property as to all persons and

entities;

3. Whether or not such property is subject to the jurisdiction

of the court in the decedent's estate; and

4. Issues relating to trusts or issues involving a guardian or

ward that may arise.

D. For proceedings under subsection C of this section, service

of notice and process shall be required as in other cases and the

provisions of the Oklahoma Pleading Code, Section 2001 et seq. of

Title 12 of the Oklahoma Statutes, shall be followed.

R.L. 1910, § 6189. Amended by Laws 1953, p. 232, § 1; Laws 1963, c.

98, § 1, emerg. eff. May 27, 1963; Laws 1989, c. 276, § 1, eff. Nov.

1, 1989; Laws 1995, c. 253, § 6, eff. Nov. 1, 1995; Laws 1997, c.

224, § 2, eff. Nov. 1, 1997; Laws 2001, c. 58, § 1, eff. Nov. 1,

2001.
Okla. Stat. tit. 58, § 58-161 — OK Code / Title 58 / Section 58-161
Oath - Records
Status: in_force

Before letters testamentary or of administration are issued to

the executor or administrator, he must take and subscribe an oath,

before some officer authorized to administer oaths, that he will

perform, according to law, the duties of executor or administrator,

which oath must be attached to the letters. All letters

testamentary and of administration issued to, and all bonds executed

by executors or administrators, with the affidavits and certificates

thereon must be forthwith recorded by the judge in books to be kept

by him in his office for that purpose.
Okla. Stat. tit. 58, § 58-505 — OK Code / Title 58 / Section 58-505
Deed and record
Status: in_force

The executor or administrator must execute the conveyance

according to the directions of the decree, a certified copy of which

shall be recorded with the deed in the office of the county clerk of

the county where the real estate is situated, and shall be prima

facie evidence of the correctness of the proceedings and of the

authority of the executor or administrator to make the conveyance.
Okla. Stat. tit. 58, § 58-334 — OK Code / Title 58 / Section 58-334
Signing of claim - Contents of claim - Proof of claim
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 63

Every claim shall be signed by the claimant or the claimant's

authorized representative. Every claim which is due when presented

to the personal representative shall state the exact amount claimed

and shall state with reasonable particularity the nature and source

of the claim, and if the claim is secured by a security interest,

mortgage or other lien which has been filed or recorded according to

law, a brief description of such interest, mortgage or lien and of

the collateral covered thereby shall be stated in the claim. If the

claim be not due when presented, or be contingent, the particulars

of such claim must be stated. The personal representative may

require satisfactory vouchers or proofs or other evidence to be

produced in support of the claim. If the estate is insolvent, no

greater rate of interest shall be allowed upon any claim, after the

first publication of notice to creditors, than is allowed by law on

judgments obtained in the district court.
Okla. Stat. tit. 58, § 58-411 — OK Code / Title 58 / Section 58-411
Realty may be sold
Status: in_force

When a sale of property of the estate is necessary to pay the

allowance of the family, or the debts outstanding against a

decedent, or the debts, expenses or charges of administration, or

legacies, or is otherwise in the best interests of the estate, the

executor or administrator may also sell any real, as well as

personal, property of the estate in his hands and chargeable for

that purpose, upon the order of the district court, and an

application for the sale of real property may also embrace the sale

of personal property.
Okla. Stat. tit. 58, § 58-345 — OK Code / Title 58 / Section 58-345
Judgment only establishes claim
Status: in_force

A judgment rendered against an executor or administrator, in the

district court or before a magistrate, upon any claim for money

against the estate of his testator or intestate, only establishes

the claim in the same manner as if it had been allowed by the

executor or administrator, and the judge of the district court, and

the judgment must be that the executor or administrator pay, in due

course of administration, the amount ascertained to be due. A

certified transcript of the judgment must be filed in the district

court. No execution must issue upon such judgment, nor shall it

create any lien upon the property of the estate, or give to the

judgment creditor any priority of payment.
Okla. Stat. tit. 58, § 58-83 — OK Code / Title 58 / Section 58-83
Court's certificate - Filing - Letters testamentary
Status: in_force

When a lost or destroyed will is established, the provisions

thereof must be distinctly stated and certified by the judge of the

district court, under his hand and the seal of the court, and the

certificate must be filed and recorded as wills are filed and

recorded, and letters testamentary or of administration with the

will annexed, must be issued thereon in the same manner as upon

wills produced and duly proved; if the court has admitted into

evidence a copy of the lost or destroyed will and finds that the

copy distinctly states the provisions of the will, the court may

certify the copy of the will as distinctly stating the provisions of

the will; the testimony must be reduced to writing; signed,

certified and filed as in other cases, and shall be admissible as

evidence in any subsequent proceeding.

R.L. 1910, § 6228; Laws 1993, c. 345, § 7, eff. Sept. 1, 1993.
Okla. Stat. tit. 58, § 58-3108 — OK Code / Title 58 / Section 58-3108
Disclosure of electronic communications catalog of
Status: in_force

deceased user.

Unless the user prohibited disclosure of digital assets or the

court directs otherwise, a custodian shall disclose to the personal

representative of the estate of a deceased user, a catalog of

electronic communications sent or received by the user and digital

assets, other than the content of electronic communications, of the

user, if the representative gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the

representative or a small-estate affidavit or court order; and

4. If requested by the custodian:

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

subscriber or account identifier assigned by the

custodian to identify the user's account,

b. evidence linking the account to the user,

c. an affidavit stating that disclosure of the user's

digital assets is reasonably necessary for

administration of the estate, or

Oklahoma Statutes - Title 58. Probate Procedure Page 198

d. a finding by the court that:

(1) the user had a specific account with the

custodian, identifiable by the information

specified in subparagraph a of paragraph 4 of

this section, or

(2) disclosure of the user's digital assets is

reasonably necessary for administration of the

estate.
Okla. Stat. tit. 58, § 58-282 — OK Code / Title 58 / Section 58-282
Appraisement
Status: in_force

To make the appraisement, the judge must appoint three

disinterested persons, any two of whom may act, who are entitled to

receive a reasonable compensation for their services, not to exceed

Seventy-five Dollars ($75.00) per day, except upon order of the

court. The appraisers must, with the inventory, file a verified

account of their services and disbursements. If any part of the

estate is in any other county, the same appraisers may proceed to

view and appraise the same, or other appraisers in that county may

be appointed to perform that duty, by the judge of the district

court of the county in which the letters were issued, as he may deem

Oklahoma Statutes - Title 58. Probate Procedure Page 53

best; and the like report must be made in each case direct to the

district court of the county which issued the letters.
Okla. Stat. tit. 58, § 58-384 — OK Code / Title 58 / Section 58-384
Order of sale - Requirements
Status: in_force

When it appears to the court that there is good cause although

the assets of the estate in personalty are sufficient to satisfy all

obligations of the estate or that the estate is insolvent, or that

it will require a sale of all the property of the estate of every

character, chargeable therewith, to pay the family allowance,

Oklahoma Statutes - Title 58. Probate Procedure Page 70

expenses of administration and debts, there need be but one petition

filed, but one order of sale made and but one sale had, except in

case of property, which may be sold as provided in Section 387 of

this title. The district court, when a petition for the sale of any

property, for any of the purposes herein named, is presented, must

inquire fully into the probable amount required to make all such

payments, and if there be no more estate chargeable therewith than

sufficient to pay the same, may require but one proceeding for the

sale of the entire available estate. In such case the petition must

set forth all the facts required by Section 412 of this title. When

the sale is sought, although assets of the estate in personalty are

sufficient to satisfy all obligations of the estate, the court may

allow the sale if satisfied that it is in the best interest of the

estate.
Okla. Stat. tit. 58, § 58-926 — OK Code / Title 58 / Section 58-926
Sale of lease to highest bidder - Return of sale -
Status: in_force

Confirmation and approval by district court.

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

sale of said oil and gas or other mineral lease, said administrator,

executor, or guardian shall offer said lease for sale at public

auction and sell the same to the highest bidder for cash, and shall

thereupon file a return of sale showing the land upon which said

lease was sold, the term of years thereof, the name of the

purchaser, and the amount for which the same was sold, and attach to

the return a copy of the form of lease proposed to be executed,

which return shall thereupon, without further notice, be heard by

the district court, and if the court finds that said sale was

properly conducted as herein provided, and that the price bid for

said lease was not disproportionate to the value thereof, said sale

Oklahoma Statutes - Title 58. Probate Procedure Page 128

shall be confirmed and said administrator, executor or guardian

authorized and directed to execute and deliver said lease, and when

said lease is executed the judge of the district court shall endorse

his approval thereon.
Okla. Stat. tit. 58, § 58-101 — OK Code / Title 58 / Section 58-101
Letters to issue to executor or successor in interest of
Status: in_force

corporate executor.

The court admitting a will to probate after the same is proved

and allowed, must issue letters thereon to the persons named therein

as executors, and in the case of a corporate executor, to the

successor in interest of the corporate executor, who are competent

to discharge the trust, who must appear and qualify unless

objections be made as provided in Section 104 of this title.

Provided, a successor in interest shall include a judicially ordered

successor in the event of an assumption by a financial institution

of fiduciary accounts for all trusts in existence on the date of the

assumption, together with those testamentary trusts which come into

existence after the date of assumption.

Oklahoma Statutes - Title 58. Probate Procedure Page 25
Okla. Stat. tit. 58, § 58-23 — OK Code / Title 58 / Section 58-23
Requisites of petition for probate
Status: in_force

A petition for the probate of a will must show:

1. the jurisdictional facts;

2. whether the person named as executor consents to act, or

renounces his right to the letters testamentary;

3. the names, ages, and residence of the heirs, legatees, and

devisees of the decedent, so far as known to the petitioner;

4. the probable value and character of the property of the

estate;

5. the name of the person for whom letters testamentary are

prayed.

The petition for the probate of a will must be in writing and

signed by the applicant or his counsel.

Oklahoma Statutes - Title 58. Probate Procedure Page 15

No defect of form, or in the statement of jurisdictional facts

actually existing, shall make void the probate of a will.
Okla. Stat. tit. 58, § 58-231 — OK Code / Title 58 / Section 58-231
Resignation and settlement - Revoking letters
Status: in_force

Any executor or administrator may, at any time, by writing,

filed in the district court, resign his appointment, having first

settled his account and delivered up all the estate to the person

whom the court shall appoint to receive the same. If, however, by

reason of any delays in such settlement and delivering up of the

estate, or for any other cause, the circumstances of the estate or

the rights of those interested therein require it, the court may at

any time before the settlement of accounts and delivering up of the

estate is completed, revoke the letters of such executor or

administrator, and appoint in his stead an administrator, either

special or general, in the same manner as directed in relation to

original letters of administration. The liability of the outgoing

executor or administrator, or of the sureties on his bond, shall not

be in any manner discharged, released or affected by such

appointment or resignation.
Okla. Stat. tit. 58, § 58-1005 — OK Code / Title 58 / Section 58-1005
Life or accident policies - Annuity contracts -
Status: in_force

Distribution of proceeds.

Where the insured or the annuitant and the beneficiary in a

policy of life or accident insurance or in an annuity contract have

died and there is no sufficient evidence to establish that they have

died other than simultaneously, the proceeds of the policy or

contract shall be distributed as if the insured or annuitant had

survived the beneficiary, except if the policy or contract is

community property of the insured or annuitant and his spouse, and

there is no alternative beneficiary, or no alternative beneficiary

except the estate or personal representatives of the insured, the

proceeds shall be distributed as community property under Section 4.
Okla. Stat. tit. 58, § 58-556 — OK Code / Title 58 / Section 58-556
Settlement conclusive - Exception
Status: in_force

The settlement of the account and the allowance thereof by the

court, or upon appeal, is conclusive against all persons in any way

interested in the estate, saving, however, to all persons laboring

under any legal disability, their right to move for cause to reopen

and examine the account, or to proceed by action against the

executor or administrator, either individually or upon his bond, at

any time before final distribution; and in any action brought by any

such person, the allowance and settlement of such account is prima

facie evidence of its correctness.
Okla. Stat. tit. 58, § 58-137 — OK Code / Title 58 / Section 58-137
Hearing - Order
Status: in_force

At the time appointed, the citation having been duly served and

returned, the court must proceed to hear the allegations and proofs

of the parties; and if the right of the applicant is established and

he is competent, letters of administration must be granted to him,

and the letters of the former administrator revoked.
Okla. Stat. tit. 58, § 58-612 — OK Code / Title 58 / Section 58-612
Final account and settlement
Status: in_force

At the time designated in the last section, or sooner, if within

that time all the property of the estate has been sold, or there are

sufficient funds in his hand, for the payment of all debts due by

the estate, and the estate be in a proper condition to be closed,

the executor or administrator must render a final account, and pray

a settlement of his administration.
Okla. Stat. tit. 58, § 58-3017 — OK Code / Title 58 / Section 58-3017
Agent's liability
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 170

An agent that violates this act is liable to the principal or

the principal's successors in interest for the amount required to:

1. Restore the value of the principal's property to what it

would have been had the violation not occurred; and

2. Reimburse the principal or the principal's successors in

interest for the attorney fees and costs paid on the agent's behalf.
Okla. Stat. tit. 58, § 58-421 — OK Code / Title 58 / Section 58-421
Notice of sale at public auction
Status: in_force

When a sale is ordered to be made at public auction, notice of

the time and place of sale must be published once each week for two

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

part of the real property to be sold is situated, and in the county

where the order is made and by mailing a copy of said notice to all

heirs, legatees and devisees of the decedent whose addresses are

known. The real property to be sold must be described with common

certainty in the notice. The day of sale must not be earlier than

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

Oklahoma Statutes - Title 58. Probate Procedure Page 82
Okla. Stat. tit. 58, § 58-264 — OK Code / Title 58 / Section 58-264
Borrowing money to pay taxes - Mortgage or pledge of
Status: in_force

assets.

Executors and administrators of estates of deceased persons are

authorized to borrow money with which to pay the taxes imposed and

levied by the:

(a) United States upon the transfer of the net

estates of decedents who are citizens and residents of the United

States,

(b) State of Oklahoma upon the transfer of the

net estate of decedents by will or the intestate laws of Oklahoma,

(c) United States and the State of Oklahoma upon

the income of such estates and of the decedents,

Oklahoma Statutes - Title 58. Probate Procedure Page 51

and to mortgage or pledge any of the assets of the estate as

security for any such loan. Said executors and administrators are

authorized to borrow money to pay any indebtedness incurred on

behalf of the estate for such purposes and to mortgage or pledge any

of the assets of the estate as security for any such loan.
Okla. Stat. tit. 58, § 58-1258 — OK Code / Title 58 / Section 58-1258
Transfer-on-death deed not considered testamentary
Status: in_force

disposition.

A deed in transfer-on-death form, executed in conformity with

the Nontestamentary Transfer of Property Act, shall not be

considered a testamentary disposition and shall not be invalidated

due to nonconformity with other provisions in Title 58 or Title 84

of the Oklahoma Statutes.
Okla. Stat. tit. 58, § 58-109 — OK Code / Title 58 / Section 58-109
Administrators with will annexed - Authority - Letters
Status: in_force

Administrators with the will annexed have the same authority

over the estates which executors named in the will would have, and

their acts are effectual for all purposes. Their letters must be

signed by the judge of the district court, and bear the seal

thereof.
Okla. Stat. tit. 58, § 58-721 — OK Code / Title 58 / Section 58-721
Appealable judgments and orders of district court
Status: in_force

An appeal may be taken from the following judgments or orders of

the district court:

1. Granting, or refusing, or revoking letters testamentary or

of administration, or of guardianship, or conservatorship;

2. Admitting, or refusing to admit, a will to probate;

3. Against or in favor of the validity of a will or revoking

the probate thereof;

4. Against or in favor of setting apart property, or making an

allowance for a widow or child;

5. Against or in favor of directing the partition, sale or

conveyance of real property;

6. Settling an account of an executor, or administrator or

guardian;

7. Refusing, allowing or directing the distribution or

partition of an estate, or any part thereof or the payment of a

debt, claim, legacy or distributive share;

8. Refusing or allowing the release of estate tax liability;

9. An order determining liability for estate taxes made

pursuant to Section 268 of this title; or

10. From any other judgment, decree or order of the court in a

probate cause, or of the judge thereof, affecting a substantial

right.
Okla. Stat. tit. 58, § 58-385a — OK Code / Title 58 / Section 58-385a
Borrowing money - Mortgage of estate realty - Grant of
Status: in_force

authority by district court.

In addition to the grounds and reasons now set forth and

provided by law for which the district court may grant authority to

administrators or executors of the estates of deceased persons to

mortgage, by contract, renewal or new mortgage, the real estate of

such estates, the district court may, upon verified petition

supported by sufficient evidence showing that the best interest of

the owners of the real estate belonging to any such estate requires

it, by an Order, grant authority to such administrators or executors

to mortgage the real estate, or any part thereof, except the

homestead, belonging to an estate of a deceased person for the

purpose of borrowing or securing money and funds with which to pay

off and discharge outstanding and unpaid debts against the estate of

such deceased persons, legally ordered and unpaid family allowance

and expenses and charges of administration, whether said property

Oklahoma Statutes - Title 58. Probate Procedure Page 73

has or has not before that time been mortgaged by the decedent or by

the administrator or executor of his estate.
Okla. Stat. tit. 58, § 58-594 — OK Code / Title 58 / Section 58-594
When certain expenses paid
Status: in_force

The executor or administrator, as soon as he has sufficient

funds in his hands, must pay the funeral expenses, and the expenses

of the last sickness, and the allowance made to the family of the

decedent. He may retain in his hands the necessary expenses of

administration, but he is not obliged to pay any other debt or any

legacy until, as prescribed in this chapter, the payment has been

ordered by the court.
Okla. Stat. tit. 58, § 58-138 — OK Code / Title 58 / Section 58-138
Surviving spouse - Assertion of prior right
Status: in_force

The surviving husband or wife, when letters of administration

have been granted to a child, father, mother, brother or sister of

the intestate, or any of such relatives when letters have been

granted to any other of them, may assert his prior right, and obtain

letters of administration, and have the letters before granted

revoked in the manner prescribed in the three preceding sections.
Okla. Stat. tit. 58, § 58-1105 — OK Code / Title 58 / Section 58-1105
Final account - Filing - Requisites - Petition
Status: in_force

After completing all applicable provisions of this act, the

surviving spouse shall prepare and file a final account which need

only include a description of income and expenditures, as in other

estate proceedings and shall petition the court:

1. To approve the Final account;

2. To determine the names and identities of the heirs and that

the surviving spouse is the sole legatee and devisee of the

decedent;

3. To order distribution to the surviving spouse of all

remaining assets of the estate; and

4. To discharge the surviving spouse and any sureties on the

bond from further duties and liabilities.
Okla. Stat. tit. 58, § 58-521 — OK Code / Title 58 / Section 58-521
Promise to pay debts of decedent
Status: in_force

No executor or administrator is chargeable upon any special

promise to answer damages or to pay the debts of the testator or

intestate out of his own estate, unless the agreement for that

purpose, or some memorandum or note thereof, is in writing and

signed by such executor or administrator, or by some other person by

him thereunto specially authorized.
Okla. Stat. tit. 58, § 58-1104 — OK Code / Title 58 / Section 58-1104
Admission of will to probate - Appointment of surviving
Status: in_force

spouse as personal representative - Duties of representative.

A. At the time and place of such hearing or at the postponement

thereof, after first receiving satisfactory proof of the giving of

the notice of the hearing, and if there is no contest to the probate

of the will or the appointment of the personal representative, the

court shall receive proof of the will and, if satisfied thereby, may

admit the will to probate and order the appointment and

qualification of the surviving spouse as personal representative.

Unless the will provides otherwise, the court, in its discretion,

may waive or require the giving of bond by the spouse regardless of

the known or estimated value of the estate. The court, at a later

time, for good cause shown, may waive or require a bond of the

personal representative.

B. After being appointed personal representative, the surviving

spouse shall:

1. Give notice to creditors in the manner provided in Section

331 of this title with respect to a decedent who has been dead for a

period of more than five (5) years prior to the commencement of a

probate proceeding for such decedent's estate, and file the

appropriate affidavits as provided in Section 332 of this title;

2. Make and return to the court, as in other estate

proceedings, a true inventory and appraisement of all the estate of

the decedent, except that the surviving spouse alone may appraise

the values thereof and shall appraise the items set out in the

estate inventory at their fair market values and no appraisers need

be appointed by the court. Both the estate inventory and the

appraisement thereof shall be verified by the surviving spouse;

3. Prepare all returns and reports required by law with regard

to estate, income and other taxes owed by the decedent or the estate

and obtain receipts, releases and waivers as are required in regard

thereto, or in regard to estate taxes, obtain an order releasing

estate tax liability from the district court. For deaths occurring

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

necessary pursuant to Section 5 of this act; and

4. Carry out all other duties of a personal representative as

in other estate proceedings.

Oklahoma Statutes - Title 58. Probate Procedure Page 143
Okla. Stat. tit. 58, § 58-342 — OK Code / Title 58 / Section 58-342
Vacancy in administration not included in limitation
Status: in_force

The time during which there shall be a vacancy in the

administration, must not be included in any limitation herein

prescribed.
Okla. Stat. tit. 58, § 58-3033 — OK Code / Title 58 / Section 58-3033
Insurance and annuities
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to

insurance and annuities authorizes the agent to:

1. Continue, pay the premium or make a contribution on, modify,

exchange, rescind, release or terminate a contract procured by or on

behalf of the principal which insures or provides an annuity to

Oklahoma Statutes - Title 58. Probate Procedure Page 180

either the principal or another person, whether or not the principal

is a beneficiary under the contract;

2. Procure new, different and additional contracts of insurance

and annuities for the principal and the principal's spouse, children

and other dependents, and select the amount, type of insurance or

annuity, and mode of payment;

3. Pay the premium or make a contribution on, modify, exchange,

rescind, release or terminate a contract of insurance or annuity

procured by the agent;

4. Apply for and receive a loan secured by a contract of

insurance or annuity;

5. Surrender and receive the cash surrender value on a contract

of insurance or annuity;

6. Exercise an election;

7. Exercise investment powers available under a contract of

insurance or annuity;

8. Change the manner of paying premiums on a contract of

insurance or annuity;

9. Change or convert the type of insurance or annuity with

respect to which the principal has or claims to have authority

described in this section;

10. Apply for and procure a benefit or assistance under a

statute or regulation to guarantee or pay premiums of a contract of

insurance on the life of the principal;

11. Collect, sell, assign, hypothecate, borrow against or

pledge the interest of the principal in a contract of insurance or

annuity;

12. Select the form and timing of the payment of proceeds from

a contract of insurance or annuity; and

13. Pay, from proceeds or otherwise, compromise or contest, and

apply for refunds in connection with, a tax or assessment levied by

a taxing authority with respect to a contract of insurance or

annuity or its proceeds or liability accruing by reason of the tax

or assessment.
Okla. Stat. tit. 58, § 58-511 — OK Code / Title 58 / Section 58-511
Decree may order possession
Status: in_force

The decree provided for in this chapter may direct the

possession of the real estate therein described to be surrendered to

the person or persons entitled thereto, at the time when, by the

terms of the contract, possession is to be surrendered.
Okla. Stat. tit. 58, § 58-925 — OK Code / Title 58 / Section 58-925
Order of court authorizing lease - Public auction -
Status: in_force

Notice.

Upon the filing of said petition mentioned in the preceding

section, the court in its discretion and upon showing of benefit to

the estate of said decedent or ward, shall make an order authorizing

and directing said administrator, executor or guardian to sell a

lease upon the lands therein described for oil and gas or other

mining purposes, said sale to be at public auction to the highest

bidder for cash and to be held in the courtroom of said court not

less than five (5) days from the making of said order. Notice of

such sale shall be given at least five (5) days before said sale by

publication one time in a newspaper in said county, and where the

lands involved belong to the estate of a deceased person, by mailing

to the heirs of such deceased person, if their post office addresses

be known. And if the lands to be leased are situated in any other

county than that in which the probate proceeding is pending, then

such notices as provided above for such period of time and place

shall be published also in the county of the location of the lands.
Okla. Stat. tit. 58, § 58-1003 — OK Code / Title 58 / Section 58-1003
Joint tenants or tenants by the entirety
Status: in_force

Where there is no sufficient evidence to establish that the two

joint tenants or tenants by the entirety have died otherwise than

simultaneously, the property so held shall be distributed one-half

(1/2) as if one had survived and one-half (1/2) as if the other had

survived. If there are more than two joint tenants and all of them

have so died the property thus distributed shall be in the

proportion that one bears to the whole number of joint tenants. The

term "joint tenants" includes owners of property held under

circumstances which entitled one or more to the whole of the

property on the death of the other or others.
Okla. Stat. tit. 58, § 58-929.5 — OK Code / Title 58 / Section 58-929.5
Confirmation - Additional bond
Status: in_force

Before confirming any sale under this act, the court may, in its

discretion, require the administrator, executor or guardian to file

an additional bond in such amount as the court shall prescribe.
Okla. Stat. tit. 58, § 58-242 — OK Code / Title 58 / Section 58-242
Probate of will as conclusive
Status: in_force

If no person within sixty (60) days after the will has been

admitted to probate contests the same or the validity thereof, the

probate of the will is conclusive.
Okla. Stat. tit. 58, § 58-711 — OK Code / Title 58 / Section 58-711
Recording of judgment or decree or notice of judgment or decree relating to real property. .. 116
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 7decree relating to real property.

When a judgment or decree is made, setting apart and defining

the homestead, confirming a sale, making distribution of real

property, or determining any other matter affecting the title to

real property, a certified copy of the same must be recorded in the

office of the county clerk of the county in which the real property

is situated. A certified copy of any such judgment or decree may be

Oklahoma Statutes - Title 58. Probate Procedure Page 116

made by the court clerk as to real property in any one county

without including therein the description of lands located in any

other county, such certificate reciting that the same is a true copy

of such instrument insofar as the same relates to real property in

such county. Instead of filing the judgment or decree in the office

of the county clerk where the real property described in the

judgment or decree is located, a notice of the judgment or decree

may be filed in the office of the county clerk of any county where

the real property described in the judgment or decree is located.

The notice shall provide the name of the decedent in the probate

proceeding, the court, case number, the date that the judgment or

decree was entered, a legal description of the real property located

in the county where the notice is to be filed without including the

description of real property located in any other county, and the

name and address of the party or parties holding title to such real

property as set forth in the judgment or decree.

R.L. 1910, § 6499. Amended by Laws 1953, p. 243, § 58; Laws 1998,

c. 359, § 7, eff. Nov. 1, 1998.
Okla. Stat. tit. 58, § 58-128 — OK Code / Title 58 / Section 58-128
Notice of hearing
Status: in_force

A. When a petition praying for letters of administration is

filed, the judge of the court must set a day for hearing the same

and cause notice thereof to be given, containing the name of the

decedent, the name of the applicant for letters, and the day on

which the application will be heard.

B. If the names and addresses of all heirs of the decedent are

known to the petitioner and are set out in the petition, the notice

must be given, as provided in Section 34 of this title, by mailing a

copy of the same to each of the heirs of the deceased with the

postage thereon prepaid at least ten (10) days before the day set

for the hearing.

C. If the name or address of one or more heirs of the decedent

is not known to the petitioner, notice of the hearing of the

petition shall be given by mailing, as above provided, and by

publishing the same one time in a legal newspaper in the county at

least ten (10) days before the day set for the hearing.

D. If the petition asks for the appointment of some person

entitled under the law to appointment, and there shall accompany

such petition a waiver of all persons having a prior right to

appointment or if the applicant has a prior right of appointment,

then no notice shall be given and the court shall proceed without

delay to hear such petition.
Okla. Stat. tit. 58, § 58-213 — OK Code / Title 58 / Section 58-213
Preference
Status: in_force

In making the appointment of a special administrator, the judge

must give preference to the person entitled to letters testamentary

or of administration, but no appeal must be allowed from the

appointment.
Okla. Stat. tit. 58, § 58-3042 — OK Code / Title 58 / Section 58-3042
Agent's certification
Status: in_force

The following optional form may be used by an agent to certify

facts concerning a Power of Attorney.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY

AND AGENT'S AUTHORITY

State of _____________________________

County of ___________________________

I, _____________________________________________ (Name of Agent),

certify under penalty of perjury that

__________________________________________(Name of Principal)

granted me authority as an agent or successor agent in a Power of

Attorney dated ________________________.

I further certify that to my knowledge:

1. The Principal is alive and has not revoked the Power of

Attorney or my authority to act under the Power of Attorney

and the Power of Attorney and my authority to act under the

Power of Attorney have not terminated;

2. If the Power of Attorney was drafted to become effective

upon the happening of an event or contingency, the event or

contingency has occurred;

3. If I was named as a successor agent, the prior agent is no

longer able or willing to serve; and

4. __________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

____________________________________________ _______________

Oklahoma Statutes - Title 58. Probate Procedure Page 192

Agent's Signature Date

____________________________________________

Agent's Name Printed

____________________________________________

Agent's Address

____________________________________________

Agent's Telephone Number

This document was acknowledged before me on _______________,

(Date)

by ____________________________________________

(Name of Agent)

____________________________________________ (Seal, if any)

Signature of Notary: _______________________________________________

My commission expires: _______________

This document prepared by: _________________________________________
Okla. Stat. tit. 58, § 58-1004 — OK Code / Title 58 / Section 58-1004
Husband and wife
Status: in_force

Where a husband and wife have died, leaving community property,

and there is no sufficient evidence to establish that they have died

otherwise than simultaneously, one-half (1/2) of all the community

property shall pass as if the husband had survived and as if said

one-half (1/2) were his separate property, and the other one-half

(1/2) thereof shall pass as if the wife had survived and as if said

other one-half (1/2) were her separate property.
Okla. Stat. tit. 58, § 58-1251 — OK Code / Title 58 / Section 58-1251
Short title
Status: in_force

Sections 1 through 8 of this act shall be known and may be cited

as the “Nontestamentary Transfer of Property Act”.

Oklahoma Statutes - Title 58. Probate Procedure Page 158
Okla. Stat. tit. 58, § 58-32 — OK Code / Title 58 / Section 58-32
Notices required to be published once each week for two or
Status: in_force

more consecutive weeks - Interval.

When notice is required by this act to be published once each

week for two (2) or more consecutive weeks, the interval between the

first publication and each successive publication shall be not less

than six (6) days.
Okla. Stat. tit. 58, § 58-135 — OK Code / Title 58 / Section 58-135
Revocation in favor of person entitled
Status: in_force

When letters of administration have been granted to any person

other than the surviving husband or wife, child, father, mother,

brother, or sister of the intestate, any one of them may obtain the

Oklahoma Statutes - Title 58. Probate Procedure Page 31

revocation of the letters and be entitled to the administration, by

presenting to the county court a petition praying the revocation,

and that letters of administration be issued to him.
Okla. Stat. tit. 58, § 58-134 — OK Code / Title 58 / Section 58-134
Nomination of stranger by person entitled
Status: in_force

Administration may be granted to one or more competent persons,

although not entitled to the same, at the written request of the

person entitled, filed in the court. When the person entitled is a

nonresident of the state, affidavits or depositions taken ex parte

before any officer authorized by the laws of this state to take

acknowledgments and administer oaths out of this state, may be

received as prima facie evidence of the identity of the party, if

free from suspicion, and the fact is established to the satisfaction

of the court.
Okla. Stat. tit. 58, § 58-482 — OK Code / Title 58 / Section 58-482
Terms of the sale of land contract
Status: in_force

The sale must be made subject to all payments that may hereafter

become due on such contracts, and if there are any such the sale

must not be confirmed by the district court until the purchasers

execute a bond to the executor or administrator, for the benefit and

indemnity of himself and of the person entitled to the interest of

the decedent in the lands so contracted for, in double the whole

amount of payments thereafter to become due on such contract, with

such sureties as the judge of the district court shall approve.
Okla. Stat. tit. 58, § 58-385 — OK Code / Title 58 / Section 58-385
Authority to renew or extend mortgage or execute new
Status: in_force

mortgage.

A. 1. The district court may, upon verified petition supported

by sufficient evidence showing that the best interest of the owners

of the real estate affected requires it, by order, grant authority

to the administrators or executors of the estate of deceased persons

or to the guardians of the estates of minors or incapacitated

persons, to enter into contracts for and to renew or extend the time

of payment of any mortgage, lien, or obligation which may by

operation of law become a lien upon the real estate of the estate or

ward, including homestead, or to execute a new mortgage for the

purpose of paying off and securing the release of any such mortgage,

lien, or obligation which may by operation of law become a lien;

provided, in no case shall such authority be granted to mortgage, or

contract for the renewal or extension of any mortgage, for an amount

greater than may be necessary to pay an obligation which may by

operation of law become a lien, or liens existing at the time an

order is granted including principal, interest, taxes, and

reasonable expenses as may be incident to perfecting the renewal,

extension, or new mortgage.

2. The court, in its discretion, may grant authority to include

in a renewal or new mortgage an amount sufficient to pay for

necessary repairs on real estate when repairs are necessary for the

preservation of the property.

B. 1. The district court may, upon verified petition supported

by sufficient evidence showing that the best interest of the

affected owners of the real estate requires it, by order, grant

authority to the guardians of the estates of incapacitated persons

to execute a new mortgage known as a home equity conversion mortgage

or rising debt loan for the purpose of meeting the requirements for

Oklahoma Statutes - Title 58. Probate Procedure Page 71

the health and safety of the ward, obtaining necessary services to

meet those requirements, and protecting the rights of the ward so as

to maintain the ward in his or her residence; provided, in no case

shall authority be granted to mortgage or contract for the renewal

or extension of any mortgage for an amount greater than two-thirds

(2/3) of the appraised value of the real property of the ward.

2. The court, in its discretion, may grant authority to include

in a renewal or new mortgage an amount sufficient to pay for

necessary repairs on real estate when repairs are necessary for the

preservation of the property.
Okla. Stat. tit. 58, § 58-247 — OK Code / Title 58 / Section 58-247
Petition for summary administration - Hearing - Order
Status: in_force

A. At the hearing, the court shall hear objections from all

persons who timely filed objections. If the court determines that

summary proceedings are appropriate, the court may, after proof of

payment of funeral expenses, expenses of last sickness and of

administration and allowed claims, issue an order approving the

petition for summary administration, finding that the will has been

proved as required by law, admitting the will attached to the

petition to probate, allowing the final accounting, determining

heirship and the legatees and devisees, if any, of the decedent,

distributing the property of the estate and discharging the personal

representative and surety or sureties on the personal

representative's bond, or defer such discharge if in the discretion

of the court such deferral is necessary or desirable.

B. The order of the court shall have the same force and effect

as a final decree or order rendered in any other proceeding provided

in this title for distribution of the estate of a decedent. A

certified copy of the order or a notice of the order as set forth in

Section 711 of Title 58 of the Oklahoma Statutes shall be filed and

recorded in the records of the county clerk in any county where real

property in which the decedent had any right, title, or interest is

located.
Okla. Stat. tit. 58, § 58-261 — OK Code / Title 58 / Section 58-261
Sale of realty recovered
Status: in_force

All real estate so recovered must be sold for the payment of

debts, in the same manner as if the decedent had died seized

thereof, upon obtaining an order therefor from the district court;

and the proceeds of all goods, chattels, rights and credits so

recovered must be appropriated in the payment of the debts of the

decedent, in the same manner as other property in the hand of the

executor or administrator.
Okla. Stat. tit. 58, § 58-52 — OK Code / Title 58 / Section 58-52
Petition - Hearing - Notice - Summary administration
Status: in_force

A. When a copy of the will and the order or decree admitting

same to probate, duly certified, shall be produced by the executor,

or by any other person interested in the will, with a petition for

letters, the same must be filed, and the court or judge must appoint

a time for the hearing, notice whereof must be given as provided for

an original petition for the probate of a will.

B. Regardless of the value of the estate, any will admitted to

probate in another jurisdiction may be admitted to probate and

administered under the procedures prescribed pursuant to Section 241

or 245 of this title.

R.L. 1910, § 6217. Amended by Laws 1953, p. 233, § 5; Laws 1975, c.

265, § 1, eff. Oct. 1, 1975; Laws 1998, c. 359, § 4, eff. Nov. 1,

1998; Laws 2002, c. 468, § 77, eff. Nov. 1, 2002.
Okla. Stat. tit. 58, § 58-3109 — OK Code / Title 58 / Section 58-3109
Disclosure of electronic communications content of
Status: in_force

principal to agent.

To the extent a power of attorney expressly grants an agent

authority over the content of electronic communications sent or

received by the principal and unless directed otherwise by the

principal or the court, a custodian shall disclose to the agent the

content if the agent gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. An original or copy of the power of attorney expressly

granting the agent authority over the content of electronic

communications 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:

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, § 58-386 — OK Code / Title 58 / Section 58-386
Notice of hearing on petition
Status: in_force

Upon the filing of the petition mentioned in Section 385 of this

title, the judge of the district court shall set a time for the

hearing of the same, and the administrator, executor or guardian

shall cause notice thereof to be made by publication in a newspaper

published, or of general circulation, in the county wherein such

hearing is to be had. Said notice shall contain a description of the

real estate sought to be mortgaged, and shall be published two (2)

weeks in a weekly paper, or ten (10) days in a daily paper, prior to

such hearing.
Okla. Stat. tit. 58, § 58-431 — OK Code / Title 58 / Section 58-431
Postponement of sale
Status: in_force

If, at the time appointed for the sale, the executor or

administrator deems it for the interest of the persons concerned

therein that the same be postponed, he may postpone it from time to

time, not exceeding in all three (3) months.
Okla. Stat. tit. 58, § 58-354 — OK Code / Title 58 / Section 58-354
Payment of interest-bearing claims not due
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 69

If there be any debt of the decedent bearing interest, whether

presented or not, the executor or administrator may, by order of the

district court, pay the amount then accumulated, and unpaid, or any

part thereof, at any time when there are sufficient funds properly

applicable thereto, whether said claim be then due or not; and

interest shall thereupon cease to accrue upon the amount so paid.
Okla. Stat. tit. 58, § 58-1252 — OK Code / Title 58 / Section 58-1252
Transfer-on-death deed - Notice to beneficiary -
Status: in_force

Acceptance of transfer-on-death deed.

A. An interest in real estate may be titled in transfer-on-

death form by recording a deed, signed by the record owner of the

interest, designating a grantee beneficiary or beneficiaries of the

interest. The deed shall transfer ownership of the interest upon

the death of the owner. A transfer-on-death deed need not be

supported by consideration. For purposes of the Nontestamentary

Transfer of Property Act, an “interest in real estate” means any

estate or interest in, over or under land, including surface,

minerals, structures and fixtures.

B. The signature, consent or agreement of or notice to a

grantee beneficiary or beneficiaries of a transfer-on-death deed

shall not be required for any purpose during the lifetime of the

record owner.

C. A designated grantee beneficiary may accept real estate

pursuant to a transfer-on-death deed only on behalf of himself,

herself, or a legal entity over which he or she has proper

authority. A beneficiary shall not accept such real estate on

behalf of another designated beneficiary.

D. Each designated grantee beneficiary wishing to accept real

estate pursuant to a transfer-on-death deed shall execute an

affidavit affirming:

1. Verification of the record owner’s death;

2. Whether the record owner and the designated beneficiary were

married at the time of the record owner’s death; and

3. A legal description of the real estate.

E. The grantee shall attach a copy of the record owner’s death

certificate to the beneficiary affidavit. For a record owner’s

death occurring on or after November 1, 2011, the beneficiary shall

record the affidavit and related documents with the office of the

county clerk where the real estate is located within nine (9) months

of the grantor’s death, otherwise the interest in the property

reverts to the deceased grantor’s estate; provided, however, for a

record owner’s death occurring before November 1, 2011, such

recording of the affidavit and related documents by the beneficiary

shall not be subject to the nine-month time limitation.

Notwithstanding the provisions of Section 26 of Title 16 of the

Oklahoma Statutes, an affidavit properly sworn to before a notary

shall be received for record and recorded by the county clerk

without having been acknowledged and, when recorded, shall be

effective as if it had been acknowledged.

F. A beneficiary affidavit recorded pursuant to this section

before November 1, 2023, in which one or more, but not all, named

beneficiaries of a transfer-on-death deed explicitly accepts the

Oklahoma Statutes - Title 58. Probate Procedure Page 159

interests being conveyed by the deed on behalf of all or some of the

beneficiaries named therein shall be effective to accept such

interests if executed by at least one of the named beneficiaries

accepting such interests.
Okla. Stat. tit. 58, § 58-283 — OK Code / Title 58 / Section 58-283
Oath of appraisers - Their duties
Status: in_force

Before proceeding to the execution of their duty, the appraisers

must take and subscribe an oath, to be attached to the inventory,

that they will truly, honestly and impartially appraise the property

exhibited to them, according to the best of their knowledge and

ability. They must then proceed to estimate and appraise the

property; each article must be set down separately with the value

thereof in dollars and cents, in figures, opposite to the articles

respectively; the inventory must contain all of the estate of the

decedent, real and personal, a statement of all debts, partnerships

Oklahoma Statutes - Title 58. Probate Procedure Page 54

and other interests, bonds, mortgages, notes and other securities

for the payment of money belonging to the decedent, specifying the

name of the debtor in each security, the date, the sum originally

payable, the endorsements thereon, if any, with their dates and the

sum which, in the judgment of the appraisers, may be collected on

each debts, interest or security.
Okla. Stat. tit. 58, § 58-1008 — OK Code / Title 58 / Section 58-1008
Citation
Status: in_force

This act may be cited as the Uniform Simultaneous Death Act.
Okla. Stat. tit. 58, § 58-3008 — OK Code / Title 58 / Section 58-3008
Nomination of guardian – Relation of agent to court-
Status: in_force

appointed fiduciary.

A. In a power of attorney, a principal may nominate a guardian

of the principal's estate or guardian of the principal's person for

consideration by the court if protective proceedings for the

principal's estate or person are begun after the principal executes

the power of attorney. Except for good cause shown or

disqualification, the court shall make its appointment in accordance

with the principal's most recent nomination.

B. If, after a principal executes a power of attorney, a court

appoints a guardian of the principal's estate or other fiduciary

charged with the management of some or all of the principal's

Oklahoma Statutes - Title 58. Probate Procedure Page 165

property, the agent is accountable to the fiduciary as well as to

the principal. The power of attorney is not terminated and the

agent's authority continues unless limited, suspended or terminated

by the court.
Okla. Stat. tit. 58, § 58-713 — OK Code / Title 58 / Section 58-713
Proof of death of person in military, naval or maritime
Status: in_force

service - Time for distribution.

In all proceedings brought for the administration of the estate

of any person who dies intestate, or for the probate of the will of

any person who shall die testate, or for the adjudication of the

fact of the death of any life tenant or joint tenant of real estate,

where such person shall have been in the military, naval or maritime

service of the United States at the time of death, the official

notice of death issued by or received from the United States

Government or any department thereof, shall be admissible in

evidence in such proceedings, and shall be prima facie evidence of

the fact of death. Provided, however, that no decree distributing

the estate of such deceased person in either administration

proceedings or under the provisions of any will of such decedent,

shall be entered until a period of two (2) years shall elapse from

the reported death of such decedent.
Okla. Stat. tit. 58, § 58-3013 — OK Code / Title 58 / Section 58-3013
Acceptance as agent
Status: in_force

Except as otherwise provided in the power of attorney, a person

accepts appointment as an agent under a power of attorney by

exercising authority or performing duties as an agent or by any

other assertion or conduct indicating acceptance.
Okla. Stat. tit. 58, § 58-216 — OK Code / Title 58 / Section 58-216
Special administrator superseded by regular appointee
Status: in_force

When letters testamentary or of administration on the estate of

the decedent have been granted, the powers of the special

administrator cease, and he must forthwith deliver to the executor

or administrator all the property and effects of the decedent in his

hands; and the executor or administrator may prosecute to final

judgment any suit commenced by the special administrator.
Okla. Stat. tit. 58, § 58-946 — OK Code / Title 58 / Section 58-946
Hearing - Presumption of death - Search or inquiry -
Status: in_force

Decree - Issuance of letters testamentary or of administration.

Oklahoma Statutes - Title 58. Probate Procedure Page 134

A. At the hearing, the court shall determine whether the

absentee is a person who is presumed to be dead. The court may

receive evidence and consider the affidavits and depositions of

persons likely to have seen or heard from or know the location of

the absentee.

B. If the court is not satisfied that a diligent search or

inquiry has been made for the absentee, the court may order the

petitioner to conduct a diligent search or inquiry and to report the

results. The court may order the search or inquiry to be made in

any manner that the court determines to be advisable.

C. The costs of a search ordered by the court pursuant to

subsection B of this section shall be paid by the estate of the

absentee.

D. If, upon said hearing, it appears to the court, upon the

evidence offered and of witnesses sworn and examined, that said

person for the estate of whom letters testamentary or of

administration is asked, has been continuously absent and

unaccounted for for a period of more than seven (7) years prior to

the date of the filing of said petition, and if it shall further

appear upon said hearing that the person for whom letters

testamentary or of administration is being asked is qualified, as

now provided by law, to act as such, said court shall make and enter

a decree declaring such person to be legally dead, and have the full

power and authority to issue letters testamentary or of

administration to said person, or any other fit and proper person,

and that thereafter all further proceedings upon the estate of said

absent person shall be had as provided by law, and, with the same

force and effect as if the death of said absent person had been

definitely proven.Oklahoma Statutes - Title 58. Probate Procedure Page 8
Okla. Stat. tit. 58, § 58-709 — OK Code / Title 58 / Section 58-709
Trials and findings - Judgments, how enforced
Status: in_force

All issues of fact joined in a probate proceeding must be tried

by the court, and in all such proceedings, the party affirming is

plaintiff, and the one denying or avoiding is defendant. After the

hearing, the court shall give in writing the findings of fact and

conclusions of law, and judgments thereon, as well as for costs, may

be entered and enforced by execution or otherwise, by the court, as

in civil actions. If the issues are not sufficiently made up by the

written pleadings on file, the court, on due notice to the opposite

party, must settle and frame the issues to be tried, and upon which

the court may render judgment.
Okla. Stat. tit. 58, § 58-632.1 — OK Code / Title 58 / Section 58-632.1
Validation of decrees entered prior to January 1, 1941
Status: in_force

In all cases of administration of estates of deceased persons in

this state, where the final decrees have been entered prior to

January 1, 1941, and which said final decrees are, or may be,

defective or invalid by reason of any failure to make, or any defect

Oklahoma Statutes - Title 58. Probate Procedure Page 104

in, the final account, or in the petition for distribution and

determination of heirship, or in the order setting the same hearing,

or in the notice of hearing thereon, said final decrees are hereby

validated; Provided, however, this act shall not apply to any case

wherein action is instituted and maintained to modify or vacate such

final decree prior to January 1, 1946, and provided further, that

the above shall not apply to insane persons, incompetents, or to any

person laboring under legal disability.
Okla. Stat. tit. 58, § 58-335 — OK Code / Title 58 / Section 58-335
Claims paid when not proved and allowed
Status: in_force

When it shall appear upon the settlement of the accounts of any

personal representative that a debt or debts of the deceased have

been paid without the presentment of a claim pursuant to Section 334

of this title, and it shall be proven by competent evidence to the

satisfaction of the district court that each such debt was justly

due but for the claimant's failure to properly present a claim, was

paid in good faith, that the amount paid was the true amount of each

such indebtedness over and above all payments or setoffs, and that

the estate is solvent, it shall be the duty of the said court to

allow the said sums so paid in the settlement of said accounts, and

the payment of any such debt shall not constitute a breach of

fiduciary duty or responsibility by the personal representative.
Okla. Stat. tit. 58, § 58-6 — OK Code / Title 58 / Section 58-6
Venue in certain cases
Status: in_force

When the estate of the decedent is in more than one county, he

having died out of the state, and not having been a resident thereof

at the time of his death, or being such nonresident and dying within

the state, and not leaving estate in the county where he died, the

district court of that county in which application is first made for

letters testamentary or of administration, has exclusive

jurisdiction of the settlement of the estate.
Okla. Stat. tit. 58, § 58-67 — OK Code / Title 58 / Section 58-67
Probate conclusive, when
Status: in_force

If no person, within three (3) months after the admission to

probate of a will, contests the same or the validity thereof, the

probate of the will is conclusive, saving to infants and persons of

unsound mind, a period of one (1) year after their respective

disabilities are removed.
Okla. Stat. tit. 58, § 58-912 — OK Code / Title 58 / Section 58-912
Termination of joint tenancy or life tenancy with
Status: in_force

remainder interest by affidavit.

A. If title to any interest in real property is held by two or

more persons in joint tenancy with right of survivorship, including

but not limited to mortgages owned by two or more persons in joint

tenancy with right of survivorship, any surviving joint tenant or

the personal representative or duly appointed attorney in fact of

any surviving joint tenant, may evidence the termination of the

interest of a deceased joint tenant in such real property by filing

the documents described in subsection C of this section.

B. If title to any real property is held by two or more persons

where at least one of them holds a life tenancy interest in such

property and at least one of them holds a remainder interest in such

property, any surviving life tenant or remainderman, or the personal

representative or duly appointed attorney of any survivor of them

may evidence the termination of the interest of any deceased life

Oklahoma Statutes - Title 58. Probate Procedure Page 125

tenant in such real property by filing the documents described in

subsection C of this section.

C. A person entitled, by subsection A or B of this section, to

evidence the termination of the interest of a decedent in real

property pursuant to this section may do so by filing in the office

of the county clerk of the county in which said real property is

located, the following:

1. A certified copy of the certificate of death of the joint

tenant or life tenant issued by the court clerk as prescribed in

Article 3 of the Public Health Code, Section 1-301 et seq. of Title

63 of the Oklahoma Statutes, or by the State Department of Health or

comparable agency of the place of the death of the joint tenant or

life tenant;

2. An affidavit by the surviving joint tenant, life tenant or

remainderman or the personal representative or duly appointed

attorney in fact of the surviving joint tenant, life tenant or

remainderman describing the real property, stating that the decedent

named in such certificate of death is one and the same person as the

deceased joint tenant or life tenant named in a previously recorded

document which created or purported to create such joint tenancy or

life tenancy in such real property and identifying such recorded

document by book and page where recorded, that the survivor making

or on whose behalf the affidavit is made and the decedent were

husband and wife, if such is the case, and the date of death of the

deceased joint tenant or life tenant. If the affidavit is filed by

a personal representative or duly appointed attorney in fact, the

letters of administration, letters testamentary, letters of

guardianship or the power of attorney shall accompany the affidavit

and be filed with the county clerk. An affidavit properly sworn

before a notarial officer shall, notwithstanding the provisions of

Section 26 of Title 16 of the Oklahoma Statutes, be received for

record and recorded by the county clerk without having been

acknowledged and, when recorded, it shall be effective as if it had

been acknowledged. An affidavit filed either before or after the

effective date of this act which was either acknowledged or sworn or

both acknowledged and sworn before a notarial officer is hereby

validated and the title to such real property shall be deemed

marketable unless otherwise defective; and

3. If such real property is held in joint tenancy other than by

two persons only who were husband and wife or other than by two

persons only who were husband and wife with one as the life tenant

and the other as the remainderman, a waiver or release issued by the

Oklahoma Tax Commission of the estate tax lien as to the deceased

joint tenant or life tenant must be filed with the affidavit

required by paragraph 2 of this subsection, unless the estate tax

lien has otherwise been released by operation of law. For deaths

Oklahoma Statutes - Title 58. Probate Procedure Page 126

occurring on or after January 1, 2010, no release of estate tax

liability is necessary pursuant to Section 5 of this act.

D. The filing of the documents described in subsection C of

this section shall constitute conclusive evidence of the death of

such joint tenant or life tenant and of the termination of the

interest of such deceased joint tenant or life tenant in such real

property. The title of such real property shall be deemed

marketable unless otherwise defective.
Okla. Stat. tit. 58, § 58-81 — OK Code / Title 58 / Section 58-81
Proceedings in case of lost will
Status: in_force

Whenever any will is lost or destroyed, the court must take

proof of the execution and validity thereof and establish the same,

notice to all heirs, legatees and devisees being first given, as

prescribed in regard to proofs of wills in other cases. All the

testimony given must be reduced to writing, signed by the witnesses,

filed and preserved.
Okla. Stat. tit. 58, § 58-236 — OK Code / Title 58 / Section 58-236
Hearing of the issues
Status: in_force

At the hearing, any person interested in the estate may appear

and file his allegations in writing, showing that the executor or

administrator should be removed, to which the executor or

administrator may demur or answer, as hereinbefore provided, and the

court must hear and determine the issues raised.
Okla. Stat. tit. 58, § 58-3044 — OK Code / Title 58 / Section 58-3044
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

This act modifies, limits and supersedes the federal 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 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, § 58-251 — OK Code / Title 58 / Section 58-251
Powers and duties of executors and administrators
Status: in_force

The executor or administrator must take into his possession all

the estate of the decedent, real and personal, except the homestead

and personal property not assets, and collect all debts due to the

decedent or to the estate. For the purpose of bringing suits to

quiet title or for partition of such estate, the possession of the

executors or administrators, is the possession of the heirs or

devisees; such possession by the heirs or devisees is subject,

however, to the possession of the executor or administrator, for the

purpose of administration, as provided in this chapter.
Okla. Stat. tit. 58, § 58-285 — OK Code / Title 58 / Section 58-285
Executor liable for debt to decedent
Status: in_force

The naming of a person as executor does not thereby discharge

him from any just claim which the testator has against him, but the

claim must be included in the inventory, and the executor is liable

for the same, as for so much money in his hands, when the debt or

demand becomes due.
Okla. Stat. tit. 58, § 58-677 — OK Code / Title 58 / Section 58-677
Petition by nonresident - Contents - Hearing - Objections
Status: in_force

A. Title to Oklahoma property owned by a nonresident may be

passed by the filing of a petition having attached thereto a duly

certified copy of the last will and testament, an order admitting

the will to probate and an order distributing the estate from the

domiciliary probate proceeding, or if the decedent died intestate,

by attaching a duly certified copy of the order appointing the

personal representative and an order distributing estate from the

domiciliary estate.

B. The petition shall contain:

1. The jurisdictional facts;

2. A statement whether the person named as personal

representative consents to act, or renounces his right to letters,

or if it is even necessary for a personal representative to be

appointed;

3. If necessary, a statement stating that if the domiciliary

personal representative renounces his right to act, the personal

representative may waive such right in favor of a resident of the

State of Oklahoma;

4. The names, ages and residences of all the heirs, legatees

and devisees of the decedent so far as known to the petitioner,

including the heirs, legatees and devisees named in the last will

and testament or determined in the order determining heirs issued in

the domiciliary estate;

5. The description, probable value and character of the

property, subject to the jurisdiction of the Oklahoma probate court;

Oklahoma Statutes - Title 58. Probate Procedure Page 109

6. The name and address of the person for whom letters are

prayed; and

7. An affidavit from the domiciliary personal representative

that notice to all creditors, including Oklahoma creditors, known or

reasonably ascertainable, has been given as required by the

domiciliary state. Provided, however, if the domiciliary state

lacks a procedure for giving notice by mail to Oklahoma creditors,

known or reasonably ascertainable, then notice to such creditors

shall be given pursuant to Sections 331, 331.1, 331.2, 332, 333,

334, 335, 337, 338 and 351 of this title or there shall be filed an

affidavit by the domiciliary personal representative that there is

no Oklahoma creditor known to or reasonably ascertainable by the

domiciliary personal representative. For purposes of this section,

the definitions contained in subsection A of Section 331.1 of this

title shall apply.

C. The petition shall be in writing and signed by the applicant

or his counsel.

D. Upon the filing of the petition, the court shall issue an

order setting the matter for hearing not less than twenty (20) days

thereafter, requiring publication of a notice one time, not less

than twenty (20) days prior to the date of hearing. Notice of

hearing shall be mailed to all devisees, legatees and heirs at law,

including those named in the last will and testament or in the order

determining heirs, not less than twenty (20) days prior to the date

of such hearing. If there are devisees, legatees or heirs at law

for which an address is not known, publication of the notice of

hearing shall constitute notice to such persons or entities.

E. If an interested party or creditor does not file a written

objection to the entry of an order distributing Oklahoma property,

in accordance with the documents from the domiciliary estate

attached to the petition, on or before the hearing date, the court

shall enter an order distributing the Oklahoma property in

accordance with the last will and testament of the decedent, and if

the decedent died intestate, in accordance with the laws of

intestate succession of this state.

F. If a written objection is filed by an interested party or

creditor, at the hearing on the petition, the court shall determine

if such objection has merit. If the court so determines, a personal

representative shall be appointed and the proceeding shall be

conducted in accordance with this title. If the objection filed by

an interested party is withdrawn at the hearing on the petition, or

if the court finds and adjudicates that such objection has no merit,

the court shall enter an order distributing the Oklahoma property in

accordance with the provisions hereinbefore set forth, and in that

event, such order shall be appealable to the Supreme Court of the

State of Oklahoma in the same manner as other final orders.

Oklahoma Statutes - Title 58. Probate Procedure Page 110

G. The court shall not be required to hold a hearing on any

written objection on the date the petition is set for hearing, but

may set the matter for hearing at a later date, and shall, if

requested by the objecting party, set the matter for hearing at a

later date. If the objection is set for hearing at a later date,

the hearing shall be held within thirty (30) days after the date the

hearing on the petition was originally set, unless the court finds

that such hearing shall be further delayed for good cause.

H. If the court, upon hearing objection to the petition, finds

and determines that the objection has merit, the court shall appoint

a personal representative and the estate shall be conducted in

accordance with the law as it applies to probate of an estate of a

resident of the State of Oklahoma.

I. If the domiciliary probate proceeding has not been

concluded, the petition as described in this section may be filed

without having attached thereto a duly certified copy of the order

distributing estate and determining heirs. In such event:

1. At the hearing on the petition the court may appoint a

personal representative for the estate to administer it in

accordance with the law as it applies to estates of Oklahoma

residents; or

2. The court may enter an order finding that the petitioner has

requested no action be taken in the proceeding until the domiciliary

estate is closed and a duly certified copy of the order distributing

estate and determining heirs is filed in the proceeding. Upon the

order being filed, the court shall set the matter for hearing for

the purpose of entering an order distributing Oklahoma property,

which hearing shall be held not less than twenty (20) days after the

date of the order. Notice of the hearing shall be mailed to all of

the devisees, legatees and heirs at law as named in the last will

and testament and determining heirs as entered in the domiciliary

proceeding, and, if the address of any of the devisees, legatees or

heirs is unknown, the order for hearing shall be published not less

than twenty (20) days prior to the date of the hearing.

J. If an interested party or creditor files a written

objection, the written objection shall be heard and acted upon as

set forth in this section.
Okla. Stat. tit. 58, § 58-268 — OK Code / Title 58 / Section 58-268
Action against nonprobate beneficiaries for state and
Status: in_force

federal estate tax - Notice - Costs and attorney fees.

For property other than the probate estate passing directly upon

the death of a decedent to another, by law, the executor or

administrator of the estate of the decedent shall have the authority

to bring an action in the district court having jurisdiction of the

probate estate for the collection of any of the state or federal

estate tax due and owing by the nonprobate beneficiaries after ten

(10) days following service of notice by such executor or

administrator upon such nonprobate beneficiary before suit is filed.

Such notice shall state the amount of federal or state tax due to

Oklahoma Statutes - Title 58. Probate Procedure Page 52

the executor or administrator by the nonprobate beneficiary. In

such actions, the court costs and reasonable attorney fees may be

assessed in favor of the prevailing party.
Okla. Stat. tit. 58, § 58-1106 — OK Code / Title 58 / Section 58-1106
Final account and petition - Date, time and place -
Status: in_force

Notice - Hearing.

The court shall thereupon fix a date, time and place for the

final account and petition, which date shall be not less than ten

(10) nor more than thirty (30) days after the filing of the final

account and petition. There shall be notice given by mailing to the

heirs and contingent legatees and devisees of the decedent, whose

names and addresses are known, not less than ten (10) days prior to

the date of the hearing and by publication one time in a newspaper

in the county not less than ten (10) days prior to the hearing.

Proof of such notice shall be made and filed as in other estate

proceedings.

The hearing shall be held and findings and orders made, filed

and recorded in the same manner as in other estate proceedings.
Okla. Stat. tit. 58, § 58-62 — OK Code / Title 58 / Section 58-62
Citations issued to whom
Status: in_force

Upon filing the petition, a citation must be issued to the

executors of the will, or to the administrators with the will

annexed, and to all the legatees and devisees mentioned in the will,

and heirs residing in the state, so far as known to the petitioner,

or to their guardian, if any of them are minors or adjudicated

incompetents, or their personal representatives, if any of them are

dead, requiring them to appear before the court on some day therein

specified, to show cause why the probate of the will should not be

revoked. A copy of such citation shall be mailed to all such

persons, nonresidents of the state, whose addresses are known to

petitioner, at least ten (10) days before such hearing.
Okla. Stat. tit. 58, § 58-63 — OK Code / Title 58 / Section 58-63
Petition and notices when another will offered
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 22

If another will be offered by the petition, it must show all

that is required in the original case of a petition for the probate

of a will, and notice must be given as required before the hearing

of proof of any will originally: Provided, that such notice need not

be given to any persons upon whom the citation required in the

preceding section is to be served.
Okla. Stat. tit. 58, § 58-3024 — OK Code / Title 58 / Section 58-3024
Authority that requires specific grant – Grant of general
Status: in_force

authority.

A. An agent under a power of attorney may do the following on

behalf of the principal or with the principal's property only if the

power of attorney expressly grants the agent the authority and

exercise of the authority is not otherwise prohibited by another

agreement or instrument to which the authority or property is

subject:

1. Create, amend, revoke or terminate an inter vivos trust;

2. Make a gift;

3. Create or change rights of survivorship;

4. Create or change a beneficiary designation;

5. Delegate authority granted under the power of attorney;

Oklahoma Statutes - Title 58. Probate Procedure Page 173

6. Waive the principal's right to be a beneficiary of a joint

and survivor annuity, including a survivor benefit under a

retirement plan;

7. Exercise fiduciary powers that the principal has authority

to delegate;

8. Exercise authority over the content of electronic

communications, as defined in 18 U.S.C., Section 2510(12), as

amended, sent or received by the principal; or

9. Disclaim property, including a power of appointment.

B. Notwithstanding a grant of authority to do an act described

in subsection A of this section, unless the power of attorney

otherwise provides, an agent that is not an ancestor, spouse or

descendant of the principal may not exercise authority under a power

of attorney to create in the agent, or in an individual to whom the

agent owes a legal obligation of support, an interest in the

principal's property, whether by gift, right of survivorship,

beneficiary designation, disclaimer or otherwise.

C. Subject to subsections A, B, D and E of this section, if a

power of attorney grants to an agent authority to do all acts that a

principal could do, the agent has the general authority described in

Sections 27 through 39 of this act.

D. Unless the power of attorney otherwise provides, a grant of

authority to make a gift is subject to Section 40 of this act.

E. Subject to subsections A, B and D of this section, if the

subjects over which authority is granted in a power of attorney are

similar or overlap, the broadest authority controls.

F. Authority granted in a power of attorney is exercisable with

respect to property that the principal has when the power of

attorney is executed or acquires later, whether or not the property

is located in this state and whether or not the authority is

exercised or the power of attorney is executed in this state.

G. An act performed by an agent pursuant to a power of attorney

has the same effect and inures to the benefit of and binds the

principal and the principal's successors in interest as if the

principal had performed the act.
Okla. Stat. tit. 58, § 58-51 — OK Code / Title 58 / Section 58-51
Foreign wills recorded
Status: in_force

Every will duly proved and allowed in any of the territories, or

in any of the United States or the District of Columbia, or in any

foreign country or state, may be allowed and recorded in the

district court of any county in which the testator shall have left

any estate, or any estate for which claim is made.
Okla. Stat. tit. 58, § 58-389 — OK Code / Title 58 / Section 58-389
Partnership interests, etc., may be sold
Status: in_force

Partnership interests, or interests belonging to any estate by

virtue of any partnership formerly existing, interest in personal

property pledged, and choses in action, may be sold in the same

manner as other personal property, when it appears to be for the

best interest of the estate. Before confirming the sale of any

partnership interest, whether made to the surviving partner or to

any other person, the judge must carefully inquire into the

condition of the partnership affairs, and must examine the surviving

partner, if in the county and able to be present in court.
Okla. Stat. tit. 58, § 58-701 — OK Code / Title 58 / Section 58-701
Orders and decrees, requisites of
Status: in_force

Orders and decrees made by the district court, or the judge

thereof, need not recite the existence of facts, or the performance

of acts upon which the jurisdiction of the court or judge may

depend, but it shall only be necessary that they contain the matters

ordered or adjudged, except as otherwise provided in this chapter.

All orders and decrees of the court or judge must be entered at

length in the minute book, and upon the close of each regular or

special term the judge must sign the same.
Okla. Stat. tit. 58, § 58-1211 — OK Code / Title 58 / Section 58-1211
Limitations on transfers
Status: in_force

A transfer may be made only for one minor, and only one person

may be the custodian. All custodial property held according to the

provisions of the Oklahoma Uniform Transfers to Minors Act by the

same custodian for the benefit of the same minor constitutes a

single custodianship.
Okla. Stat. tit. 58, § 58-3105 — OK Code / Title 58 / Section 58-3105
Construction with custodian, fiduciary or designated
Status: in_force

recipient rights.

A. This act does not change or impair a right of a custodian or

a user under a terms-of-service agreement to access and use digital

assets of the user.

B. This act does not give a fiduciary or designated recipient

any new or expanded rights other than those held by the user for

whom, or for whose estate, the fiduciary or designated recipient

acts or represents.

C. A fiduciary's or designated recipient's access to digital

assets may be modified or eliminated by a user, by federal law, or

Oklahoma Statutes - Title 58. Probate Procedure Page 196

by a terms-of-service agreement if the user has not provided

direction under Section 4 of this act.
Okla. Stat. tit. 58, § 58-420 — OK Code / Title 58 / Section 58-420
Petition for sale by third person
Status: in_force

If the executor or administrator neglects to apply for any order

of sale when it is necessary, any person may make application

therefor in the same manner as the executor or administrator, and

notice thereof must be given to the executor or administrator before

the hearing. The petition of such applicant must contain as many of

the matters required for the petition of the executor or

administrator as he can ascertain, and the decree of sale must fix

the period of time within which the executor or administrator must

make the sale.
Okla. Stat. tit. 58, § 58-928.1 — OK Code / Title 58 / Section 58-928.1
Oil and gas leases having a bonus value not exceeding
Status: in_force

One Hundred Fifty Dollars - Sale of.

Every court-appointed conservator, administrator, executor or

guardian of an estate shall have authority to execute all

instruments of conveyance of an oil and gas lease on property of the

estate in his trust without notice or court proceedings other than

approval of the conveyance by the judge of the court having

jurisdiction of the proceeding endorsed on the instrument of

conveyance with a finding by the court that the bonus value of the

lease does not exceed Five Hundred Dollars ($500.00).
Okla. Stat. tit. 58, § 58-238 — OK Code / Title 58 / Section 58-238
Notice by publication, when
Status: in_force

If any executor, administrator or guardian has absconded or

conceals himself or has removed or absented himself from the state,

notice may be given him of the pendency of any proceedings in which

he is interested in any court, by such publication, or in such other

manner as the court may direct, and the court may proceed upon such

notice as if the citation had been personally served.
Okla. Stat. tit. 58, § 58-281 — OK Code / Title 58 / Section 58-281
Inventory of estate
Status: in_force

A. A personal representative shall, unless ordered otherwise by

the court, make and return to the court an inventory and/or an

appraisement of the estate of the decedent, which has come to his

possession or knowledge, designating the homestead and exempt

personal property as provided by law, within two (2) months from the

date of the order of his appointment. The time to file an inventory

and/or appraisement may be extended by the court for good cause

shown.

B. The personal representative may fulfill the appraisement

requirement by stating his opinion of the value of the estate

described in the inventory.

C. The court must order the inventory and/or an appraisement

upon presentation of a written demand by any heir, devisee, legatee,

a creditor having filed a claim, guardian, conservator, guardian ad

litem, or other person having an interest in the estate. If so

ordered, the appraisement shall be made by appraisers appointed,

sworn and acting as provided by Section 282 of Title 58 of the

Oklahoma Statutes.

R.L. 1910, § 6313. Amended by Laws 1953, p. 235, § 16; Laws 1980,

c. 310, § 3, eff. Oct. 1, 1980; Laws 1985, c. 199, § 1, eff. Nov. 1,

1985; Laws 1998, c. 225, § 1, eff. Nov. 1, 1998.
Okla. Stat. tit. 58, § 58-217 — OK Code / Title 58 / Section 58-217
Account, special administrator must render
Status: in_force

The special administrator must render an account, on oath of his

proceedings, in like manner as other administrators are required to

do. The special administrator shall be entitled to a fee to be

determined by the court in its discretion, which fee shall in no

event exceed the fee allowed to an executor or administrator

pursuant to Section 527 of this title.

R.L. 1910, § 6288; Laws 1992, c. 395, § 6, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-494 — OK Code / Title 58 / Section 58-494
Persons under disabilities excepted
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 89

The preceding section shall not apply to minors, or others under

any legal disability to sue at the time when the right of action

first accrues; but all such persons may commence an action at any

time within two (2) years after the removal of the disability.
Okla. Stat. tit. 58, § 58-183 — OK Code / Title 58 / Section 58-183
Suspension of powers and removal for failure to give bond or further security - Periodical
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 2or further security - Periodical examination of bonds.

When a petition is presented praying that an executor or

administrator be required to give further security, or to give bond

where, by the terms of the will no bond was originally required and

it is alleged on oath that the executor or administrator is wasting

the property of the estate, the judge may, by order, suspend his

powers until the matter can be heard and determined. It shall be

the duty of the district court to make an examination of all bonds

filed by administrators, or guardian or executors, at least once

each year, and to make diligent inquiry as to the solvency of the

sureties on such bond, and to ascertain if they are still residents

within the state, and all other matters which might affect the said

bonds or the sureties thereon. And if such sureties are not found

Oklahoma Statutes - Title 58. Probate Procedure Page 35

to be fully solvent and safe the court shall demand further

security, and if it is not given within a reasonable time, the

administrator, executor or guardian shall be removed.
Okla. Stat. tit. 58, § 58-461 — OK Code / Title 58 / Section 58-461
Provisions of the will must be followed
Status: in_force

If the testator makes provisions by his will or designates the

estate to be appropriated for the payment of his debts, the expenses

of administration, or family expenses, they must be paid according

to such provisions or designation, out of the estate thus

appropriated, so far as the same is sufficient.
Okla. Stat. tit. 58, § 58-256 — OK Code / Title 58 / Section 58-256
Action against predecessor
Status: in_force

An administrator may, in his own name, for the use and benefit

of all parties interested in the estate, maintain actions on the

bond of an executor, or of any former administrator of the same

estate.
Okla. Stat. tit. 58, § 58-25 — OK Code / Title 58 / Section 58-25
Hearing - Notice, how given
Status: in_force

When a petition for probate of a will is filed, the court must

fix a day for hearing the petition, not less than ten (10) nor more

than thirty (30) days from the date of filing of the petition, and

if the names and addresses of all heirs, legatees, and devisees of

the testator are known to the petitioner and are set out in the

petition, the court shall cause notice of such hearing to be given

as provided in Section 34 of this title, by mailing copies of the

notice to all heirs, legatees, and devisees, other than devisees and

legatees whose devises and bequests are conditioned upon another

named person's predeceasing the testator in accordance with terms

stated in the will and such named person did not predecease the

testator in accordance with terms stated in the will, postage

prepaid, at their last-known place of residence not less than ten

(10) days prior to the date of the hearing; provided, however, if

the name or address of one or more heirs, legatees, or devisees of

the testator is not known to the petitioner, or if one or more

heirs, legatees, or devisees of the testator are alleged to have

survived the testator but died prior to the filing of the petition

Oklahoma Statutes - Title 58. Probate Procedure Page 16

and the petitioner alleges that he knows of no personal

representative for the decedents' estates, notice of the hearing of

the petition shall be given by mailing, as above provided, and, in

addition thereto, the notice shall be published in one issue of a

newspaper, and in such case the hearing shall not be less than ten

(10) days from the date of publication of the notice. For purposes

of this section, if a legatee or devisee is the trustee of an

express trust or testamentary trust, notice need be given only to

the trustee and not to the beneficiaries of the trust unless the

beneficiaries are otherwise entitled to notice as heirs or as

legatees or devisees of property not devised or bequeathed to the

trust.

R.L. 1910, § 6203; Laws 1953, p. 232, § 2; Laws 1963, c. 99, § 1,

emerg. eff. May 27, 1963; Laws 1967, c. 178, § 1, emerg. eff. May 1,

1967; Laws 1969, c. 302, § 1, eff. Jan. 1, 1970; Laws 1970, c. 218,

§ 1, emerg. eff. April 15, 1970; Laws 1993, c. 345, § 5, eff. Sept.

1, 1993.
Okla. Stat. tit. 58, § 58-1102 — OK Code / Title 58 / Section 58-1102
Petition - Filing - Contents
Status: in_force

If electing to use this act, the surviving spouse shall file, in

the court having probate jurisdiction of the will, a written,

verified petition with the will or a copy attached which shall

allege:

1. That decedent died an Oklahoma resident leaving a will which

gives all of the decedent's estate to the surviving spouse and names

the surviving spouse as executor;

2. The date and place of death of decedent;

3. That petitioner is the surviving spouse of decedent and

consents to serve as executor;

4. The names, relationship, ages and addresses of the

petitioner and the heirs and contingent legatees and devisees of the

decedent; and

5. The nature and estimated value of the estate, to the best of

petitioner's knowledge.
Okla. Stat. tit. 58, § 58-3007 — OK Code / Title 58 / Section 58-3007
Meaning and effect of power of attorney
Status: in_force

The meaning and effect of a power of attorney is determined by

the law of the jurisdiction indicated in the power of attorney and,

in the absence of an indication of jurisdiction, by the law of the

jurisdiction in which the power of attorney was executed.
Okla. Stat. tit. 58, § 58-385.3 — OK Code / Title 58 / Section 58-385.3
Order for guardian to borrow money, execute mortgage,
Status: in_force

etc. - Additional bond - Approval.

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 guardian 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 guardian

may make and execute the note or notes and mortgage and shall then

present the same to the district court or judge thereof, 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

guardian 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.
Okla. Stat. tit. 58, § 58-9 — OK Code / Title 58 / Section 58-9
Transfers already made legalized
Status: in_force

All transfers of records, suits or proceedings of a probate

nature which, by Acts of Congress and the Constitution, were

transferred from the Territory of Oklahoma and the United States

courts in the Indian Territory to the courts of this state, and

thereafter transferred to another county, where such county would

have been the proper venue had such suit, matter or proceeding, been

commenced after the admission of this state into the Union, are

hereby legalized; and no sale or other proceeding by the court to

which such suit, matter or proceeding has been transferred shall be

void because of such transfer.
Okla. Stat. tit. 58, § 58-715 — OK Code / Title 58 / Section 58-715
Setting out or disclosing facts
Status: in_force

In all cases in which proceedings for probate or administration

are joined or united as provided in this act, the proceedings shall

set out or disclose all facts as to each separate estate that would

be required if such proceedings were separately conducted.
Okla. Stat. tit. 58, § 58-184 — OK Code / Title 58 / Section 58-184
Bond insufficient - Citation on personal knowledge of
Status: in_force

judge.

When it comes to his knowledge that the bond of any executor or

administrator is, from any cause, insufficient, the judge of the

district court, without any application, must cite him to appear and

show cause why he should not give further security, and must proceed

thereon as upon the application of any person interested.
Okla. Stat. tit. 58, § 58-5 — OK Code / Title 58 / Section 58-5
Venue of probate acts
Status: in_force

The district court in and for the county of proper venue has

exclusive jurisdiction to prove a will or to grant letters

testamentary or of administration. Proper venue for hearing in such

actions shall be determined as follows:

1. If the decedent died as a resident of this state, in the

county of which the decedent was a resident at the time of his or

her death, regardless of where the decedent died;

2. If the decedent died while not a resident of this state:

a. first, in the county of this state in which the

decedent died, leaving an estate therein,

b. second, in any county of this state in which any part

of the estate of the deceased may be, where the

decedent

(1) died out of this state, or

Oklahoma Statutes - Title 58. Probate Procedure Page 12

(2) died within this state but did not leave an

estate in the county in which the decedent died,

and

c. third, in the county in which the decedent died,

leaving no estate in this state; or

3. In all cases of administration of estates of deceased

persons in this state where final decrees have been entered prior to

the effective date of this act, and for which the final decrees are

or may be defective or invalid for lack of jurisdiction because the

administration was in a county other than the county of proper venue

as prescribed by this section, such final decrees shall be deemed

valid; provided, however, the provisions of this paragraph:

a. shall not apply to any case where an action is

instituted and maintained to modify or vacate the

final decree within one (1) year of the effective date

of this act, and

b. shall not bar the claim of a person claiming an

interest in a decedent's estate if the person did not

receive notice of the probate or estate

administration, actual or constructive, as required by

this title.
Okla. Stat. tit. 58, § 58-245 — OK Code / Title 58 / Section 58-245
Petition for summary administration - Conditions -
Status: in_force

Requirements.

A. A petition for summary administration may be filed by any

person interested in an estate that meets one of the following

conditions:

1. The value of the estate is less than or equal to Two Hundred

Thousand Dollars ($200,000.00);

2. The decedent has been deceased for more than five (5) years;

or

3. The decedent resided in another jurisdiction at the time of

death.

B. The petition shall set forth the following:

1. A statement of the interest of the petitioner;

2. The name, age and date of death of the decedent, and the

county and state of the decedent's domicile at the time of death;

3. If the decedent died testate, the original or certified copy

of the will of the decedent shall be attached to the petition,

together with a statement that:

a. the petitioner, to the best of the knowledge of the

petitioner, believes the will to have been validly

executed, and

b. after the exercise of due diligence, the petitioner is

unaware of any instrument revoking the will, and that

the petitioner believes that the instrument attached

to the application is the decedent's last will;

4. Whether the will attached to the petition has been admitted

to probate in any other jurisdiction;

5. If the decedent died intestate, the petitioner shall state

that the petitioner has diligently searched for and failed to find a

will;

6. The names, ages and last-known addresses of the

administrators, executors, nonpetitioning conominees, heirs,

legatees and devisees of the decedent, so far as known to the

petitioner;

7. The names and last-known addresses of all known creditors of

the decedent. The petitioner shall state that the petitioner has

exercised due diligence in determining the identities, last-known

addresses and claims of the decedent's creditors;

8. The probable value and character of the property of the

estate and the legal description of all real property owned by the

decedent in Oklahoma;

Oklahoma Statutes - Title 58. Probate Procedure Page 45

9. Whether an application or petition for the appointment of a

personal representative is pending or has been granted in any

jurisdiction;

10. A statement of the relief requested, which may include a

prayer for the court to admit the will, if any, to probate, to

appoint the person requested in the petition as personal

representative, to determine the heirs, devisees and legatees of the

decedent, to approve the final account, to distribute the property

of the estate and to discharge the personal representative; and

11. A waiver of the final accounting pursuant to Section 541 of

this title, if applicable.

C. The petition shall be verified by the petitioner or signed

by the attorney for the petitioner.

D. The court, without a hearing, shall issue letters of special

administration to the person requested in the petition if the

petition is in proper form and:

1. The proposed personal representative is named as personal

representative in the will;

2. The proposed personal representative has prior right to

appointment; or

3. The petition is accompanied by a waiver of all persons

entitled to letters testamentary and all persons with a prior right

of appointment.

The special administrator shall have the powers set forth in

subsection A of Section 215 of this title. The court, in its

discretion, may require a bond.
Okla. Stat. tit. 58, § 58-555 — OK Code / Title 58 / Section 58-555
Contest by heirs
Status: in_force

All matters, including allowed claims not passed upon on the

settlement of any former account, or on rendering an exhibit, or on

making a decree of sale, may be contested by the heirs for cause

shown. The hearing and allegations of the respective parties may be

postponed from time to time, when necessary, and the court may

appoint one or more referees to examine the account and make report

thereon, subject to confirmation; and may allow a reasonable

compensation to the referees, to be paid out of the estate of the

decedent.
Okla. Stat. tit. 58, § 58-3114 — OK Code / Title 58 / Section 58-3114
Disclosure of digital assets to guardian
Status: in_force

A. After an opportunity for a hearing under Section 3-112 of

Title 30 of the Oklahoma Statutes, the court may grant a guardian

access to the digital assets of a protected person.

B. Unless otherwise ordered by the court or directed by the

user, a custodian shall disclose to a guardian the catalog of

electronic communications sent or received by a protected person and

any digital assets, other than the content of electronic

communications, in which the protected person has a right or

interest if the guardian gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the court order that gives the guardian

authority over the digital assets of the protected person; 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 account of the protected

person, or

b. evidence linking the account to the protected person.

C. A guardian with general authority to manage the assets of a

protected person may request a custodian of the digital assets of

the protected person to suspend or terminate an account of the

protected person for good cause. A request made under this section

must be accompanied by a certified copy of the court order giving

the guardian authority over the protected person's property.
Okla. Stat. tit. 58, § 58-492 — OK Code / Title 58 / Section 58-492
Fraudulent sale - Damages
Status: in_force

Any executor or administrator who fraudulently sells any real

estate of a decedent, contrary to or otherwise than under the

provisions of this chapter, is liable in double the value of the

land sold, as liquidated damages, to be recovered in action by the

person having an estate of inheritance therein.
Okla. Stat. tit. 58, § 58-176 — OK Code / Title 58 / Section 58-176
Justification of sureties - Approval of bond - Examination
Status: in_force

of sureties.

In all cases where bonds are required to be given, under this

title, the officer taking the same must require the sureties to

accompany it with an affidavit that they are each residents and

householders or freeholders within the state, and are each worth the

sum specified in the bond, over and above all their just debts and

Oklahoma Statutes - Title 58. Probate Procedure Page 33

liabilities, exclusive of property exempt from execution; but when

the amount specified in the bond exceeds One Thousand Dollars

($1,000.00), and there are more than two sureties thereon, they may

state in their affidavits that they are severally worth amounts less

than that expressed in the bond, if the whole amount be equivalent

to that of two sufficient sureties, and the affidavits thereof must

be attached to, and filed and recorded with the bond. All such

bonds must be approved by the judge of the district court before

being filed and recorded. Before the judge of the district court

approves any bond required under this title, and after its approval

he may of his own motion, or upon the motion of any person

interested in the estate, supported by affidavit that the sureties

or some one or more of them are not worth as much as they have

justified to, issue a citation, requiring such sureties to appear

before him, at a designated time and place, to be examined touching

their property and its value; and the judge must, at the same time,

issue a notice to the executor or administrator, requiring his

appearance on the return of the citation, and on its return he may

examine the sureties and such witnesses as may be produced, touching

the property of the sureties and its value; and if, upon such

examination, he is satisfied that the bond is insufficient, he must

require sufficient additional security.
Okla. Stat. tit. 58, § 58-3002 — OK Code / Title 58 / Section 58-3002
Definitions
Status: in_force

As used in this act:

1. "Agent" means a person granted authority to act for a

principal under a power of attorney, whether denominated an agent,

attorney-in-fact or otherwise. The term includes an original agent,

coagent, successor agent and a person to which an agent's authority

is delegated;

2. "Durable", with respect to a power of attorney, means not

terminated by the principal's incapacity;

3. "Electronic" means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic or similar

capabilities;

4. "Good faith" means honesty in fact;

5. "Incapacity" means inability of an individual to manage

property or business affairs because the individual:

a. has an impairment in the ability to receive and

evaluate information or make or communicate decisions

even with the use of technological assistance, or

b. is:

(1) missing,

(2) detained, including incarcerated in a penal

system, or

(3) outside the United States and unable to return;

6. "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company (LLC),

association, joint venture, public corporation, government or

governmental subdivision, agency or instrumentality, or any other

legal or commercial entity;

7. "Power of attorney" means a writing or other record that

grants authority to an agent to act in the place of the principal,

whether or not the term power of attorney is used;

8. "Presently exercisable general power of appointment", with

respect to property or a property interest subject to a power of

appointment, means power exercisable at the time in question to vest

absolute ownership in the principal individually, the principal's

estate, the principal's creditors or the creditors of the

principal's estate. The term includes a power of appointment not

exercisable until the occurrence of a specified event, the

satisfaction of an ascertainable standard or the passage of a

specified period only after the occurrence of the specified event,

the satisfaction of the ascertainable standard or the passage of the

Oklahoma Statutes - Title 58. Probate Procedure Page 163

specified period. The term does not include a power exercisable in

a fiduciary capacity or only by will;

9. "Principal" means an individual who grants authority to an

agent in a power of attorney;

10. "Property" means anything that may be the subject of

ownership, whether real or personal, or legal or equitable, or any

interest or right therein;

11. "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;

12. "Sign" means, with present intent to authenticate or adopt

a record:

a. to execute or adopt a tangible symbol, or

b. to attach to or logically associate with the record an

electronic sound, symbol or process;

13. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession subject to the jurisdiction of the

United States; and

14. "Stocks and bonds" means stocks, bonds, mutual funds and

all other types of securities and financial instruments, whether

held directly, indirectly or in any other manner. The term does not

include commodity futures contracts and call or put options on

stocks or stock indexes.
Okla. Stat. tit. 58, § 58-632 — OK Code / Title 58 / Section 58-632
Rights fixed by decree
Status: in_force

In the order or decree, the court must name the persons and the

proportions or parts to which each shall be entitled, and such

persons may demand, sue for and recover their respective shares from

the executor or administrator, or any person having the same in

possession. Such order or decree is conclusive as to the rights of

heirs, legatees or devisees, subject only to be reversed, set aside,

or modified on appeal.
Okla. Stat. tit. 58, § 58-932 — OK Code / Title 58 / Section 58-932
Application and hearing on granting of easement - Notice -
Status: in_force

Approval.

Before entering into any such contracts for such easements

aforesaid, an application shall be duly filed in the court in which

said proceedings are pending as to said estates, incompetents or

minors, duly sworn and signed by the executor, administrator or

guardian, as the case may be, and which application shall set forth

in detail the nature and character of said contract and conveyance

of said easement upon and across the lands of said estates, and the

purposes for which the same are to be used and maintained, and under

the terms and conditions thereof, and the consideration therefor,

and also setting forth the reason showing same to be for the best

interests of said estate; thereupon the court shall set said

application for hearing and direct that notice thereof be given not

less than five (5) days prior to the date of hearing by publication

one time in some newspaper published in the county. At the time and

place set for said hearing the court shall conduct a hearing upon

said application and if, after due consideration of same, the court

finds that the granting of said easement for the erection and

maintaining of said pipeline, transmission line, upstream flood-

control dam or lake, state or county highway upon or across said

Oklahoma Statutes - Title 58. Probate Procedure Page 132

land, will not result in a material injury to the property of said

deceased person, minor or incompetent, and further finds that the

consideration therefor is adequate and proper, said court may

approve the same and authorize and direct the executor,

administrator or guardian to enter into such contract and to execute

such grants or conveyances as to carry the same into effect, and

authorize and direct said executor, administrator or guardian to

deliver same to said persons, individuals, firms or corporations,

conservancy districts or the State of Oklahoma or any subdivisions

thereof, with whom said easement contracts are entered into and so

direct the clerk of said court to enter said order upon the records

of said courts. In all instances where the provisions of Section

512 of Title 58, as now or hereafter amended, are applicable, they

shall prevail over the provisions of this section.
Okla. Stat. tit. 58, § 58-704 — OK Code / Title 58 / Section 58-704
Citation must contain what
Status: in_force

Citations must be directed to the person to be cited, signed by

the judge; and issue under the seal of the court, and must contain:

1. The caption of the proceeding.

2. A brief statement of the nature of the proceeding.

3. A direction that the person cited appear at a time and place

specified.
Okla. Stat. tit. 58, § 58-552 — OK Code / Title 58 / Section 58-552
Notice of settlement of account
Status: in_force

When any account other than a final account is rendered for

settlement the court must appoint a day for the settlement thereof.

The court shall require such notice as it deems proper or may waive

notice.
Okla. Stat. tit. 58, § 58-241 — OK Code / Title 58 / Section 58-241
Dispensing with regular proceedings in estates under
Status: in_force

$150,000 - Notice to creditors and notice of hearing - Procedure.

A. If, upon filing a petition for probate and after the

appointment of the personal representative, it appears that the

value of the real and personal property in the estate does not

exceed One Hundred Fifty Thousand Dollars ($150,000.00), the court

shall order the personal representative to make an inventory of the

estate, and the court shall appoint appraisers unless the court

determines that appraisement is not necessary.

B. If, upon return of the inventory of the estate of the

decedent, and appraisement of the estate if required, it appears

that the value of the whole estate, both real and personal property,

does not exceed One Hundred Fifty Thousand Dollars ($150,000.00),

and upon application of the personal representative, the court shall

dispense with the regular proceedings or any part thereof prescribed

by law, and the court shall order notice to creditors, and issue

order for hearing upon the final accounting and petition for

determination of heirship, distribution and discharge; provided,

nothing herein shall affect the lien upon any property for any

estate or transfer tax which may be due upon the estate of the

decedent.

C. Notice to creditors and notice of hearing upon the final

accounting and petition for determination of heirship, distribution

and discharge shall be published once each week for two (2)

Oklahoma Statutes - Title 58. Probate Procedure Page 43

consecutive weeks in some newspaper of general circulation,

published in the county where the probate is filed. If there is no

legal newspaper in a county, then all such notices required by this

subsection shall be published in a legal newspaper in an adjoining

county having a legal newspaper. Notice to creditors and notice of

hearing upon the final accounting, determination of heirship,

distribution and discharge may be combined in one notice, referred

to as a "combined notice". The notice to creditors or combined

notice shall be mailed to creditors of the decedent as provided in

Sections 331 and 331.1 of this title. Creditors shall file claims

against the estate with the personal representative or the attorney

for personal representative within thirty (30) days after the

publication of the notice. Notice of the hearing or the combined

notice shall be mailed to all persons interested in the estate of

the decedent at their respective last-known addresses not less than

ten (10) days prior to the date of the hearing, and the notice shall

set forth a date by which final account and petition for

distribution will be filed. The date of the filing shall precede by

at least five (5) days the order allowing final accounting,

determination of heirs, and of legatees and devisees, if any, and

distribution.

D. The matter shall be set for hearing not less than thirty-

five (35) days following the first publication of notice to

creditors or combined notice, and upon the hearing the court shall,

after proof of payment of funeral expenses, expenses of last

sickness and of administration and allowed claims, issue an order

allowing the final accounting, determining heirship and the legatees

and devisees, if any, of the decedent, distributing the property of

the estate and discharging the personal representative and surety or

sureties on the personal representative's bond, or defer such

discharge if in the discretion of the court such deferral is

necessary or desirable.
Okla. Stat. tit. 58, § 58-391.2 — OK Code / Title 58 / Section 58-391.2
Notice of sale of personalty at private sale - Place of sale - Return of proceedings -
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 5sale - Return of proceedings - Hearing.

Notice of the sale of personal property at private sale shall be

published one time at least ten (10) days prior to said sale and a

copy of the notice of said sale shall be mailed to all heirs,

legatees and devisees whose addresses are known at least ten (10)

days prior to said sale. Said notice shall contain a brief

description of the personal property to be sold and shall set a date

on or after which the sale will be made and the place where offers

or bids will be received. The executor or administrator after

making a sale of personal property at private sale shall, except as

provided in Section 387 of this title, file a sworn return of his

proceedings in the court. The court shall fix the date for hearing

such return and notice of said hearing shall be published one time

at least ten (10) days prior to said hearing in the newspaper in the

county and a copy of said notice shall be mailed to all heirs,

legatees and devisees of the decedent whose addresses are known at

least ten (10) days prior to said hearing. Said notice shall

Oklahoma Statutes - Title 58. Probate Procedure Page 77

briefly describe the property sold, the sum for which it was sold,

and shall refer to the return for further particulars. Upon

hearing, the court shall examine the return and witnesses in

relation to the same and on proper showing the court shall approve

the sale. If such sale proceedings were unfair, or the sum bid

disproportionate to the value of said personal property, the court

shall vacate the sale and direct another to be had for which public

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

previous sale had taken place.
Okla. Stat. tit. 58, § 58-712 — OK Code / Title 58 / Section 58-712
Revocation of letters for contumacy
Status: in_force

Whenever an executor, administrator, or guardian is committed

for contempt, in disobeying any lawful order of the district court

or the judge thereof, and has remained in custody for thirty (30)

days without obeying such order or purging himself otherwise of the

contempt, the district court may, by order reciting the facts, and

without further showing or notice, revoke his letters and appoint

some other person, entitled thereto, executor, administrator or

guardian in his stead.
Okla. Stat. tit. 58, § 58-3107 — OK Code / Title 58 / Section 58-3107
Disclosure of electronic communications content of
Status: in_force

deceased user.

If a deceased user consented or a court directs disclosure of

the contents of electronic communications of the user, the custodian

shall disclose to the personal representative of the estate of the

user the content of an electronic communication sent or received by

the user if the representative gives the custodian:

1. A written request for disclosure in physical or electronic

form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the

representative or a small-estate affidavit or court order;

Oklahoma Statutes - Title 58. Probate Procedure Page 197

4. Unless the user provided direction using an online tool, a

copy of the user's will, trust, power of attorney, or other record

evidencing the user's consent to disclosure of the content of

electronic communications; and

5. 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:

(1) the user had a specific account with the

custodian, identifiable by the information

specified in subparagraph a of paragraph 5 of

this section,

(2) disclosure of the content of electronic

communications of the user would not violate 18

U.S.C., Section 2701 et seq., 47 U.S.C., Section

222, or other applicable law,

(3) unless the user provided direction using an

online tool, the user consented to disclosure of

the content of electronic communications, or

(4) disclosure of the content of electronic

communications of the user is reasonably

necessary for administration of the estate.
Okla. Stat. tit. 58, § 58-741 — OK Code / Title 58 / Section 58-741
Reversal for error does not affect lawful acts
Status: in_force

When the order or decree appointing an executor, or

administrator, or guardian, is reversed on appeal for error, and not

for want of jurisdiction of the court, all lawful acts in

Oklahoma Statutes - Title 58. Probate Procedure Page 122

administration upon the estate, performed by such executor, or

administrator or guardian, if he have qualified, are as valid as if

such order or decree had been affirmed.
Okla. Stat. tit. 58, § 58-1214 — OK Code / Title 58 / Section 58-1214
Rights, powers and authority of custodians over property
Status: in_force

A. A custodian, acting in a custodial capacity, has all the

rights, powers, and authority over custodial property that unmarried

Oklahoma Statutes - Title 58. Probate Procedure Page 152

adult owners have over their own property, but a custodian may

exercise those rights, powers and authority in that capacity only.

B. The provisions of this section do not relieve a custodian

from liability for breach of the provisions of Section 13 of this

act.
Okla. Stat. tit. 58, § 58-548 — OK Code / Title 58 / Section 58-548
Representative or guardian may be cited by successor -
Status: in_force

Accounting by personal representative of deceased executor,

administrator or guardian.

When the authority of an executor or administrator or of the

guardian of any incompetent or insane or minor person ceases or is

revoked for any reason he may be cited to account before the

district court at the instance of the person succeeding to the

administration or the guardianship of the same estate, in like

manner as he might have been cited by any person interested in the

estate during the time he was such executor or administrator or

guardian.

If the executor or administrator, or if the guardian of any

incompetent or insane or minor person dies, his accounts may be

presented by his personal representative to, and settled by, the

court in which the estate of which he was executor or administrator

or guardian, is being administered, or is pending, and, upon

petition of the successor of such deceased executor or

administrator, or guardian, such court shall compel the personal

Oklahoma Statutes - Title 58. Probate Procedure Page 96

representative of the deceased executor or administrator or guardian

to render an account of the administration or guardianship of his

testator or intestate, or ward as the case may be, and must settle

such account as in other cases.Oklahoma Statutes - Title 58. Probate Procedure Page 6
Okla. Stat. tit. 58, § 58-3116 — OK Code / Title 58 / Section 58-3116
Compliance with request to disclose digital assets or
Status: in_force

terminate an account — Immunity from liability.

A. Not later than sixty (60) days after receipt of the

information required under Sections 7 through 15 of this act, a

custodian shall comply with a request under this act from a

fiduciary or designated recipient to disclose digital assets or

terminate an account. If the custodian fails to comply, the

fiduciary or designated recipient may apply to the court for an

order directing compliance.

B. An order under subsection A of this section directing

compliance must contain a finding that compliance is not in

violation of 18 U.S.C., Section 2702.

C. A custodian may notify the user that a request for

disclosure or to terminate an account was made under this act.

D. A custodian may deny a request under this act from a

fiduciary or designated recipient for disclosure of digital assets

or to terminate an account if the custodian is aware of any lawful

access to the account following the receipt of the fiduciary's

request.

E. This act does not limit a custodian's ability to obtain or

require a fiduciary or designated recipient requesting disclosure or

termination under this act to obtain a court order which:

1. Specifies that an account belongs to the protected person or

principal;

2. Specifies that there is sufficient consent from the

protected person or principal to support the requested disclosure;

and

3. Contains a finding required by law other than this act.

F. A custodian and its officers, employees, and agents are

immune from liability for an act or omission done in good faith in

compliance with this act.
Okla. Stat. tit. 58, § 58-349 — OK Code / Title 58 / Section 58-349
Duties of the referee - Proceedings
Status: in_force

The referee must hear and determine the matter, and make his

report thereon to the court in which his appointment is entered. The

same proceedings shall be had in all respects, and the referee shall

have the same powers, be entitled to the same compensation, and

subject to the same control as in other cases of reference. The

court may remove the referee, appoint another in his place, set

aside or confirm his report, and adjudge costs, as in actions

against executors or administrators and the judgment of the court

Oklahoma Statutes - Title 58. Probate Procedure Page 68

thereon shall be as valid and effectual, in all respects, as if the

same had been rendered in a suit commenced by ordinary process.
Okla. Stat. tit. 58, § 58-903 — OK Code / Title 58 / Section 58-903
Hearings in district court - Terms of sale
Status: in_force

The district court shall establish a date upon which all

petitions for the approval of deeds to lands inherited by full-blood

Indians shall be heard which date shall be at least twice per month.

At a hearing the court shall take the testimony of disinterested

parties to establish the value of the lands to be conveyed, and may

in its discretion call in any United States probate attorney as

counsel for grantor. The attendance of the grantor or any other

person to testify in such matters may be required in like manner as

if his testimony were to be heard in a civil action. The court may

decline to approve any deed when in his judgment the price is not

commensurate with his fair judgment and the grantor is not an heir

of deceased. Provided, the district court may authorize the sale

and conveyance of any such land for cash or one-fourth (1/4) cash

and the balance in yearly payments of one-fourth (1/4) each, with

Oklahoma Statutes - Title 58. Probate Procedure Page 123

interest on such deferred payments at the rate of not less than six

percent (6%) per annum; Provided further, that in all sales upon

deferred payments such payments shall be secured by first mortgage

upon the lands conveyed.
Okla. Stat. tit. 58, § 58-131 — OK Code / Title 58 / Section 58-131
Court entry as to proof conclusive
Status: in_force

An entry in the minutes of the court, that the required proof

was made and notice given, shall be conclusive evidence of the fact

of such notice.
Okla. Stat. tit. 58, § 58-253 — OK Code / Title 58 / Section 58-253
Action for waste, trespass and conversion
Status: in_force

Executors and administrators may in like manner maintain actions

against any person who has wasted, destroyed, taken or carried away,

or converted to his own use, the goods of their testator or

intestate in his lifetime. They must also maintain actions for

trespass committed on the real estate of the decedent in his

lifetime.
Okla. Stat. tit. 58, § 58-412 — OK Code / Title 58 / Section 58-412
Application for sale of realty
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 79

To obtain an order for the sale of real property, the executor

or administrator must present a verified application to the court

setting forth that the sale of the real property will be in the best

interest of the estate and a general description of all the real

property except the homestead of which the decedent died seized, or

in which he had any interest, or in which the estate has acquired

any interest, and the value thereof; the names of the heirs,

legatees and devisees of the decedent, if any, so far as known to

the petitioner. If any of the matters here enumerated cannot be

ascertained, it must be so stated in the application; but a failure

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

cause will not invalidate the subsequent proceedings, if the defect

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

showing such good cause be stated in the decree.
Okla. Stat. tit. 58, § 58-1220 — OK Code / Title 58 / Section 58-1220
Accounting by custodian
Status: in_force

A. A minor who has attained the age of fourteen (14) years, the

minor's guardian of the person or legal representative, an adult

member of the minor's family, a transferor, or a transferor's legal

representative may petition the court:

1. for an accounting by the custodian or the custodian's legal

representative; or

2. for a determination of responsibility, as between the

custodial property and the custodian personally, for claims against

the custodial property unless the responsibility has been

adjudicated in an action pursuant to the provisions of Section 18 of

this act to which the minor or the minor's legal representative was

a party.

B. A successor custodian may petition the court for an

accounting by the predecessor custodian.

C. The court, in a proceeding pursuant to the provisions of the

Oklahoma Uniform Transfers to Minors Act or in any other proceeding,

may require or permit the custodian or the custodian's legal

representative to account.

D. If a custodian is removed according to the provisions of

subsection F of Section 19 of this act, the court shall require an

accounting and order delivery of the custodial property and records

to the successor custodian and the execution of all instruments

required for transfer of the custodial property.
Okla. Stat. tit. 58, § 58-672 — OK Code / Title 58 / Section 58-672
Bond and allowances of agent
Status: in_force

The agent must first give a bond to the State of Oklahoma, to be

approved by the judge of the district court, conditioned that he

shall faithfully manage and account for the estate. The court

appointing such agent may allow a reasonable sum out of the profits

of the estate for his services and expenses.
Okla. Stat. tit. 58, § 58-463 — OK Code / Title 58 / Section 58-463
When provisions of will are insufficient
Status: in_force

If the provision made by the will, or the estate appropriated

therefor, is insufficient to pay the debts, expenses of

administration, and family expenses, that portion of the estate not

Oklahoma Statutes - Title 58. Probate Procedure Page 86

devised or disposed of by will, if any, must be appropriated and

disposed of for that purpose according to the provisions of this

chapter.
Okla. Stat. tit. 58, § 58-266 — OK Code / Title 58 / Section 58-266
Renewal or extension of time of payment
Status: in_force

The judge of the district court may authorize executors or

administrators to enter into contracts for and to renew or extend

the time of payment of any indebtedness incurred under this act.
Okla. Stat. tit. 58, § 58-1217 — OK Code / Title 58 / Section 58-1217
Persons dealing with purported custodian -
Status: in_force

Responsibilities.

A third person in good faith and without court order may act on

the instructions of or otherwise deal with any person purporting to

make a transfer or purporting to act in the capacity of a custodian

and, in the absence of knowledge, is not responsible for

determining:

Oklahoma Statutes - Title 58. Probate Procedure Page 153

1. the validity of the purported custodian's designation; or

2. the propriety of, or the authority pursuant to the

provisions of the Oklahoma Uniform Transfers to Minors Act for, any

act of the purported custodian; or

3. the validity or propriety pursuant to the provisions of the

Oklahoma Uniform Transfers to Minors Act of any instrument or

instructions executed or given either by the person purporting to

make a transfer or by the purported custodian; or

4. the propriety of the application of any property of the

minor delivered to the purported custodian.
Okla. Stat. tit. 58, § 58-3029 — OK Code / Title 58 / Section 58-3029
Stocks and bonds
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 177

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to stocks

and bonds authorizes the agent to:

1. Buy, sell and exchange stocks and bonds;

2. Establish, continue, modify or terminate an account with

respect to stocks and bonds;

3. Pledge stocks and bonds as security to borrow, pay, renew or

extend the time of payment of a debt of the principal;

4. Receive certificates and other evidences of ownership with

respect to stocks and bonds; and

5. Exercise voting rights with respect to stocks and bonds in

person or by proxy, enter into voting trusts, and consent to

limitations on the right to vote.
Okla. Stat. tit. 58, § 58-185 — OK Code / Title 58 / Section 58-185
Release, application by surety for - Issuance and service
Status: in_force

of citation.

When a surety of any executor, administrator or guardian desires

to be released from responsibility on account of future acts, he may

make application by petition to the judge of the district court for

relief. The judge must issue a citation to the executor,

administrator, or guardian, to be served personally upon him

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

specified, and give other security. If he has absconded, left or

removed from the state, or cannot be found after due diligence and

inquiry, service may be made as provided when the citation is to

require further security.
Okla. Stat. tit. 58, § 58-425 — OK Code / Title 58 / Section 58-425
Security when sale is made on credit
Status: in_force

The executor or administrator must, when the sale is made upon a

credit, take the notes of the purchaser for the purchase money with

a mortgage on the property to secure their payment.
Okla. Stat. tit. 58, § 58-1207 — OK Code / Title 58 / Section 58-1207
Personal representatives, trustees or guardians - Irrevocable transfers to adult or trust
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 9

Oklahoma Statutes - Title 58. Probate Procedure Page 10Irrevocable transfers to adult or trust company as custodian.

A. Subject to the provisions of subsection C of this section, a

personal representative or trustee may make an irrevocable transfer

to another adult or trust company as custodian for the benefit of a

minor pursuant to the provisions of Section 10 of this act, in the

absence of a will or under a will or trust that does not contain an

authorization to do so.

B. Subject to the provisions of subsection C of this section, a

guardian may make an irrevocable transfer to another adult or trust

Oklahoma Statutes - Title 58. Probate Procedure Page 147

company as custodian for the benefit of the minor pursuant to the

provisions of Section 10 of this act.

C. A transfer according to the provisions of subsection A or B

of this section may be made only if:

1. the personal representative, trustee, or guardian considers

the transfer to be in the best interest of the minor,

2. the transfer is not prohibited by or inconsistent with

provisions of the applicable will, trust agreement, or other

governing instrument, and

3. the transfer is authorized by the court if it exceeds Ten

Thousand Dollars ($10,000.00) in value.
Okla. Stat. tit. 58, § 58-693 — OK Code / Title 58 / Section 58-693
Disposition of monies due minor without guardian - Person
Status: in_force

whose whereabouts is unknown - Person refusing to accept and receipt

- Investment of funds - Dead heirs or legatees.

A. Whenever a final account and order of distribution shall

direct the payment of monies to a minor, and no person shall within

ninety (90) days thereafter become the legal and qualified guardian

for the minor, so that the executor or administrator may be

discharged, the executor or administrator shall make an application

to the court for permission to prepare an order directing the county

treasurer to:

1. Specify a bank or financial institution within this state

where the funds will be deposited; and

2. State the specified term for when the funds will be released

to the legally qualified guardian of the minor, or released to the

minor upon his or her eighteenth birthday.

Upon receipt of the order, the court clerk shall make a

temporary deposit in the case, and forward the court’s order to the

county treasurer for deposit of the funds in the specified

institution for the specified term, with the same effect as though

taken from a legally qualified guardian of the minor; and the

treasurer shall hold the monies in trust for the minor until a

guardian shall be appointed and call for the same, or until the

minor shall become of age and demand the same; provided, that all

Oklahoma Statutes - Title 58. Probate Procedure Page 112

the monies in the hands of the treasurer at the expiration of the

treasurer’s term of office must be turned over to the successor in

office.

B. Whenever a final account and order of distribution shall

direct the payment of monies to a legatee, heir, creditor, or

claimant, whose address or whereabouts is not known, or who will not

accept and receipt for such monies within ninety (90) days

thereafter, so that the executor or administrator may be discharged,

the court may direct the executor or administrator to prepare an

order directing the county treasurer to make the deposit of funds in

a specified institution and for a specified term. Upon receipt of

the order, the court clerk shall make a temporary deposit in the

case, and forward the court’s order to the county treasurer for

deposit of the funds in a specified institution for a specified

term, with the same effect as though taken from the person; and the

treasurer shall hold the monies in trust for the person until a

legal or personal representative shall demand and accept the same;

provided, that all such monies in the hands of the treasurer at the

expiration of the treasurer’s term of office must be turned over to

the successor in office.

C. In the event no person qualified to receive money deposited

with the court clerk makes demand therefor within thirty (30) days

after receipt by the court clerk and the deposit is in excess of One

Hundred Dollars ($100.00), the court clerk is authorized and

directed to invest such funds in one or more savings accounts or

certificates of deposit in a bank or savings and loan association

whose deposits are insured by an agency of the federal government.

When the person legally entitled thereto makes request upon the

court clerk, the account or fund, together with all accumulations,

shall be paid over to the person legally entitled thereto upon the

court clerk taking a receipt in full for such payment, which receipt

shall be filed in and become a part of the records of the case.

D. Whenever a final account and order of distribution based

thereon shall direct the payment of monies to an heir or legatee who

has died during the pendency of the probate proceedings, and no

person shall within ninety (90) days thereafter become the legal and

qualified personal representative of the deceased heir or legatee,

so that the executor or administrator may be discharged, the court

may make an order directing the executor or administrator to deposit

such money in the hands of the court clerk, taking a receipt

therefor, with the same effect as though taken from a legally

qualified personal representative of the heir or legatee; and the

clerk shall hold such monies in trust until a personal

representative shall demand and accept the same; provided, that all

such monies in the hands of the court clerk at the expiration of the

court clerk’s term of office must be turned over to the successor in

office.

Oklahoma Statutes - Title 58. Probate Procedure Page 113
Okla. Stat. tit. 58, § 58-631 — OK Code / Title 58 / Section 58-631
Distribution
Status: in_force

Upon the final settlement of the accounts of the executor or

administrator, or at any subsequent time, upon the application of

the executor or administrator, or of any heir, legatee, or devisee,

the court must proceed to distribute the residue of the estate in

the hands of the executor or administrator, if any, among the

persons who by law are entitled thereto, and if the decedent has

left a surviving child, and the issue of other children, and any of

them, before the close of administration, have died while under age

and not having been married, no administration on such deceased

child's estate is necessary, but all the estate which such deceased

child was entitled to by inheritance, must, without administration,

be distributed in accordance with the laws of descent and

distribution of this state. A statement of any receipts and

disbursements of the executor or administrator, since the rendition

of his final accounts, must be reported and filed at the time of

making such distribution, and a settlement thereof, together with an

estimate of the expenses of closing the estate, must be made by the

court and included in the order or decree, or the court or judge may

order notice of the settlement of such supplementary account, and

refer the same as in other cases of settlement of accounts.
Okla. Stat. tit. 58, § 58-592 — OK Code / Title 58 / Section 58-592
Limit as to mortgage
Status: in_force

The preference given in the preceding section to a mortgage only

extends to the proceeds of the property mortgaged. If the proceeds

of such property be insufficient to pay the mortgage, the part

remaining unsatisfied must be classed with other demands against the

estate.
Okla. Stat. tit. 58, § 58-1255 — OK Code / Title 58 / Section 58-1255
Grantee interest subject to encumbrances - Non-consensual
Status: in_force

lien - Lapse of transfer.

A. Grantee beneficiaries of a transfer-on-death deed take the

interest of the record owner in the real estate at the death of the

grantor owner, free and clear of any claims or interest under

Section 44 of Title 84 of the Oklahoma Statutes as to a person who

became the spouse of the grantor subsequent to the execution of the

transfer-on-death deed, subject to all recorded conveyances,

assignments, contracts, mortgages, liens and security pledges made

by the record owner or to which the record owner was subject during

the lifetime of the record owner including, but not limited to, any

Oklahoma Statutes - Title 58. Probate Procedure Page 161

recorded executory contract of sale, option to purchase, lease,

license, easement, mortgage, deed of trust or lien, and to any

interest conveyed by the record owner that is less than all of the

record owner's interest in the property, provided however, a non-

consensual lien against the grantee beneficiary shall not attach to

the property until the recording of the affidavit described in

Section 1252 of this title.

B. If one or more of the grantee beneficiaries dies prior to

the death of the grantor owner, the transfer to those beneficiaries

who predecease the grantor owner shall lapse. In the event the

grantee beneficiaries are designated in the deed to be joint tenants

with right of survivorship, the death of one or more of the grantee

beneficiaries prior to the death of the grantor owner shall not

invalidate an otherwise validly created joint tenancy estate as to

those grantee beneficiaries who are living at the time of the death

of the grantor owner.
Okla. Stat. tit. 58, § 58-942 — OK Code / Title 58 / Section 58-942
Petition for letters - Venue
Status: in_force

Petition for letters - A petition for letters testamentary or

letters of administration may be filed by any relative, creditor or

other person interested in the estate of said absent person:

1st: In the county in which said absent person was a resident at

the time of his disappearance.

2nd: In the county in which said absent person did, at the time

of his disappearance, have property, either real or personal.
Okla. Stat. tit. 58, § 58-3034 — OK Code / Title 58 / Section 58-3034
Estates, trusts, and other beneficial interests
Status: in_force

A. In this section, "estate, trust or other beneficial

interest" means a trust, probate estate, guardianship,

conservatorship, escrow or custodianship or a fund from which the

principal is, may become, or claims to be, entitled to a share or

payment.

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

a power of attorney granting general authority with respect to

estates, trusts and other beneficial interests authorizes the agent

to:

Oklahoma Statutes - Title 58. Probate Procedure Page 181

1. Accept, receive, receipt for, sell, assign, pledge or

exchange a share in or payment from an estate, trust or other

beneficial interest;

2. Demand or obtain money or another thing of value to which

the principal is, may become, or claims to be, entitled by reason of

an estate, trust or other beneficial interest, by litigation or

otherwise;

3. Exercise for the benefit of the principal a presently

exercisable general power of appointment held by the principal;

4. Initiate, participate in or submit to alternative dispute

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

respect to litigation to ascertain the meaning, validity or effect

of a deed, will, declaration of trust or other instrument or

transaction affecting the interest of the principal;

5. Initiate, participate in or submit to alternative dispute

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

respect to litigation to remove, substitute or surcharge a

fiduciary;

6. Conserve, invest, disburse or use anything received for an

authorized purpose;

7. Transfer an interest of the principal in real property,

stocks and bonds, accounts with financial institutions or securities

intermediaries, insurance, annuities and other property to the

trustee of a revocable trust created by the principal as settlor;

and

8. Reject, renounce, disclaim, release or consent to a

reduction in or modification of a share in or payment from an

estate, trust or other beneficial interest.
Okla. Stat. tit. 58, § 58-316 — OK Code / Title 58 / Section 58-316
Who entitled to property set apart
Status: in_force

A. When personal property is set apart for the use of the

family, in accordance with the provisions of this article, if the

decedent left a widow or surviving husband, and no minor child, such

property is the property of the widow or surviving husband. If the

decedent left also a minor child, the one-half (1/2) of such

property shall belong to the widow or surviving husband, and the

other half to the minor child; and if the decedent left more than

one minor child, the one-third (1/3) of such property shall belong

to the widow or surviving husband and the remainder in equal shares

to the minor children, and if the decedent left no widow or

surviving husband, such property shall belong to the minor child,

or, if more than one minor child, to them in equal parts. This

subsection shall not apply to the estate of a decedent who dies on

or after July 1, 1985.

B. This subsection shall apply to the estate of a decedent who

dies on or after July 1, 1985. When personal property is set apart

for the use of the family, in accordance with the provisions of

Sections 311 through 315 of this title, if the decedent leaves a

surviving spouse, and no minor child, such property is the property

of the surviving spouse. If the decedent leaves a surviving spouse

and a minor child or children, one-half (1/2) of such property shall

belong to the surviving spouse and the remainder to the minor child,

or if more than one minor child, to them in equal parts. If the

decedent leaves no surviving spouse, such property shall belong to

the minor child, or, if more than one minor child, to them in equal

parts.
Okla. Stat. tit. 58, § 58-93 — OK Code / Title 58 / Section 58-93
Proceedings in contest
Status: in_force

Contests of the probate of nuncupative wills and appointments of

executors and administrators of the estate devised thereby must be

had, conducted and made as hereinbefore provided in cases of the

probate of written wills: Provided, that double the period allowed

for the petition of revocation of the probate of a written will

shall be allowed in which to petition for the revocation and

annulling of the nuncupative will.
Okla. Stat. tit. 58, § 58-1215 — OK Code / Title 58 / Section 58-1215
Delivery or payment to minor - Expenditures for minor's
Status: in_force

benefit.

A. A custodian may deliver or pay to the minor or expend for

the minor's benefit so much of the custodial property as the

custodian considers advisable for the use and benefit of the minor,

without court order and without regard to:

1. the duty or ability of the custodian personally or of any

other person to support the minor, or

2. any other income or property of the minor which may be

applicable or available for that purpose.

B. On petition of an interested person or the minor if the

minor has attained the age of fourteen (14) years, the court may

order the custodian to deliver or pay to the minor or expend for the

minor's benefit so much of the custodial property as the court

considers advisable for the use and benefit of the minor.

C. A delivery, payment, or expenditure pursuant to the

provisions of this section is in addition to, not in substitution

for, and does not affect any obligation of a person to support the

minor.
Okla. Stat. tit. 58, § 58-718.4 — OK Code / Title 58 / Section 58-718.4
Certified copies as evidence
Status: in_force

Any certified copy of any of the papers and pleadings mentioned

above shall be received in evidence in all instances where the

original would be admissible.
Okla. Stat. tit. 58, § 58-432 — OK Code / Title 58 / Section 58-432
Notice of postponement
Status: in_force

In case of a postponement, notice thereof must be given, by

public announcement and posting of notice at the time and place

first appointed for the sale. If the postponement be for more than

ten (10) days, notice must also be given by one publication in a

newspaper in the county where the land is situated. An affidavit of

such postponement and posting shall be given by the administrator.
Okla. Stat. tit. 58, § 58-110 — OK Code / Title 58 / Section 58-110
Form of letters testamentary
Status: in_force

Letters testamentary 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 ______, C D, who is named

therein, is hereby appointed executor.

Oklahoma Statutes - Title 58. Probate Procedure Page 27

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, § 58-385.1 — OK Code / Title 58 / Section 58-385.1
Verified petition by guardian - Contents - Limitations
Status: in_force

To obtain an order for mortgaging such real estate for the

purpose and under the provisions hereof, the guardian 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 lien or the

obligation which may by operation of law become a lien; the amount

of the lien or the amount of the obligation which may by operation

of law become a lien, the names and addresses of all parties

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

person, and the specific reasons why it will be to the best interest

of the said estate to mortgage, rather than sell such real estate,

or a part thereof.

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, § 58-3103 — OK Code / Title 58 / Section 58-3103
Applicability
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 195

A. This act applies to:

1. A fiduciary acting under a will or power of attorney

executed before, on, or after November 1, 2024;

2. A personal representative acting for a decedent who died

before, on, or after November 1, 2024;

3. A guardianship proceeding commenced before, on, or after

November 1, 2024; and

4. A trustee acting under a trust created before, on, or after

November 1, 2024.

B. This act applies to a custodian if the user resides in this

state or resided in this state at the time of the user's death.

C. This act does not apply to a digital asset of an employer

used by an employee in the ordinary course of the employer's

business.
Okla. Stat. tit. 58, § 58-124 — OK Code / Title 58 / Section 58-124
Where several equally entitled - Creditors
Status: in_force

When there are several persons equally entitled to the

administration, the court may grant letters to one or more of them;

and when a creditor is claiming letters, the court may, in its

discretion, at the request of another creditor, grant letters to any

other person legally competent.
Okla. Stat. tit. 58, § 58-136 — OK Code / Title 58 / Section 58-136
Notice of such petition
Status: in_force

When such petition is filed, the judge must in addition to the

notice provided upon petition for letters, issue a citation to the

administrator to appear and answer the same at the time appointed

for the hearing.
Okla. Stat. tit. 58, § 58-710 — OK Code / Title 58 / Section 58-710
Attorney appointed by the court, when
Status: in_force

At or before the hearing of petitions and contests for the

probate of wills; for letters testamentary or of the administration;

for sales of real estate and confirmation thereof; settlements,

partitions and distributions of estates; and all other proceedings

where all the parties interested in the estate are required to be

notified thereof, the court may, in its discretion, appoint some

competent attorney-at-law to represent in all such proceedings the

devisees, legatees, heirs, or creditors of the decedent, who are

minors and have no general guardian in the county, or who are

nonresidents of the state, and those interested, who, though they

are neither such minors or nonresidents, are unrepresented. The

order must specify the names of the parties for whom the attorney is

appointed, who is thereby authorized to represent such parties in

all such proceedings had subsequent to his appointment. The

attorney may receive a fee to be fixed by the court for his

services, which must be paid out of the funds of the estate as

necessary expenses of administration, and upon distribution may be

charged to the party represented by the attorney. If for any cause

it becomes necessary, the district court may substitute another

attorney for the one first appointed, in which case the fee must be

proportionately divided. The nonappointment of an attorney will not

affect the validity of any of the proceedings.
Okla. Stat. tit. 58, § 58-188 — OK Code / Title 58 / Section 58-188
Hearings out of term time
Status: in_force

The applications authorized by the nine preceding sections of

this article, may be heard and determined at any time; and all

orders made therein must be entered upon the minutes of the court.

Oklahoma Statutes - Title 58. Probate Procedure Page 36
Okla. Stat. tit. 58, § 58-234 — OK Code / Title 58 / Section 58-234
Duty of judge in case of embezzlement - Reports
Status: in_force

A. Whenever the judge has reason to believe, from his own

knowledge or from credible information, that any executor or

administrator has wasted, embezzled or mismanaged, or is about to

waste, or embezzle the property of the estate committed to his

charge, or has committed or is about to commit a fraud upon the

estate, or is incompetent to act or has wrongfully neglected the

estate, or has long neglected to perform any act as such executor or

administrator, he must, by an order entered upon the minutes of the

court, suspend the powers of such executor or administrator until

the matter is investigated.

B. If the judge determines on his own motion, or upon

application by an interested party and upon proper showing, that an

executor or administrator is subject to a conflict of interest which

substantially impairs the executor's or administrator's ability to

perform his duties as required by law, the judge shall suspend the

powers of the executor or administrator with respect to the subject

matter of the conflict of interest and appoint a special

administrator to act with respect to such subject matter. The

executor or administrator shall remain empowered to act with respect

to all other matters.

C. The judge of the district court shall require each and every

administrator, executor or guardian to make a report at least once

in each year, showing the condition of the estate, and of all

property, notes, monies, and other assets in his hands and the use

that has been made thereof during the past year.

R.L. 1910, § 6296; Laws 1992, c. 395, § 7, eff. Sept. 1, 1992.
Okla. Stat. tit. 58, § 58-3028 — OK Code / Title 58 / Section 58-3028
Tangible personal property
Status: in_force

Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to

tangible personal property authorizes the agent to:

1. Demand, buy, receive, accept as a gift or as security for an

extension of credit, or otherwise acquire or reject ownership or

possession of tangible personal property or an interest in tangible

personal property;

2. Sell; exchange; convey with or without covenants,

representations or warranties; quitclaim; release; surrender; create

a security interest in; grant options concerning; lease; sublease;

or otherwise dispose of tangible personal property or an interest in

tangible personal property;

3. Grant a security interest in tangible personal property or

an interest in tangible personal property as security to borrow

money or pay, renew or extend the time of payment of a debt of the

principal or a debt guaranteed by the principal;

4. Release, assign, satisfy or enforce by litigation or

otherwise, a security interest, lien or other claim on behalf of the

principal, with respect to tangible personal property or an interest

in tangible personal property;

5. Manage or conserve tangible personal property or an interest

in tangible personal property on behalf of the principal, including:

a. insuring against liability or casualty or other loss,

b. obtaining or regaining possession of or protecting the

property or interest, by litigation or otherwise,

c. paying, assessing, compromising or contesting taxes or

assessments or applying for and receiving refunds in

connection with taxes or assessments,

d. moving the property from place to place,

e. storing the property for hire or on a gratuitous

bailment, and

f. using and making repairs, alterations or improvements

to the property; and

6. Change the form of title of an interest in tangible personal

property.
Okla. Stat. tit. 58, § 58-1253 — OK Code / Title 58 / Section 58-1253
Transfer-on-death, form
Status: in_force

An interest in real estate is titled in transfer-on-death form

by executing, acknowledging and recording in the office of the

county clerk in the county where the real estate is located, prior

to the death of the owner, a deed in substantially the following

form:

___________________ (name of owner) being of competent mind and

having the legal capacity to execute this document, as owner

transfers on death to ____________________ (name of beneficiary) as

grantee beneficiary, the following described interest in real

estate: (here insert description of the interest in real estate).

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY

OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR

BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL

ESTATE. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED

AT ANY TIME. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED

THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR

ANY OTHER CONSIDERATION WAS PAID OR GIVEN.

THE STATE OF OKLAHOMA

COUNTY OF ___________

Before me, on this day personally appeared __________,

___________, and ___________, the owner of the land described in

this deed, and the witnesses, respectively, whose names are

subscribed below in their respective capacities, and the owner of

the land declared to me and to the witnesses in my presence that the

deed is a revocable transfer-on-death of the real estate described

therein, and the witnesses declared in the presence of the owner of

the real estate and in my presence that the owner of the land

declared to them that the deed is a revocable transfer-on-death of

the real estate described therein and that the owner of the land

wanted each of them to sign it as a witness, and that each witness

did sign the same as witness in the presence of the owner of the

land and in my presence.

_______________________

(name of owner)

_______________________

(witness)

_______________________

Oklahoma Statutes - Title 58. Probate Procedure Page 160

(witness)

Subscribed and acknowledged before me by ______________, the owner

of the land, and _____________ and _______________, witnesses, this

___ day of __________ (month), _____ (year).

____________________________

(signature of notary public)

(Seal)

My commission expires ___________ (date).

Instead of the words "transfer-on-death" the abbreviation "TOD" may

be used.
Okla. Stat. tit. 58, § 58-3111 — OK Code / Title 58 / Section 58-3111
Disclosure of digital assets to trustee that is an
Status: in_force

original user.

Unless otherwise ordered by the court or provided in a trust, a

custodian shall disclose to a trustee that is an original user of an

account any digital asset of the account held in trust, including a

catalog of electronic communications of the trustee and the content

of electronic communications.
Okla. Stat. tit. 58, § 58-671 — OK Code / Title 58 / Section 58-671
Agent appointed for nonresident
Status: in_force

Oklahoma Statutes - Title 58. Probate Procedure Page 107

When any estate is assigned or distributed by a judgment or

decree of the district court, to any person residing out of and

having no agent in this state, and it is necessary that some person

should be authorized to take possession and charge of the same for

the benefit of such absent person, the court may appoint an agent

for that purpose, and authorize him to take charge of such estate as

well as to act for such absent person in the distribution.
Okla. Stat. tit. 58, § 58-719.1 — OK Code / Title 58 / Section 58-719.1
Service of notices on Governor and Attorney General
Status: in_force

In all proceedings for the administration of estates of deceased

persons, or for the probate, or interpretation, of wills of deceased

persons, in all courts of this state, wherein it appears from the

petition for admission of a will to probate, or from the petition or

other pleading asking for the interpretation of a last will and

testament, that the State of Oklahoma is named as a beneficiary in

such will, or wherein it appears from the petition for appointment

of administrator, or otherwise, that an intestate left no spouse or

kindred surviving, or that it is not known whether or not the

intestate left a spouse or kindred surviving or that the names and

whereabouts of the spouse or kindred, if any, of the intestate are

unknown, or wherein it otherwise appears that the State of Oklahoma

is, or may be, entitled to share in the distribution of the estate

of the decedent, any and all notices provided for by statute to be

served, personally, or by mail, upon persons or parties interested

in the estate shall be served upon the State of Oklahoma by mailing

true and correct copies of such notice, by registered mail, postage

prepaid, to the Governor of the State of Oklahoma, and to the

Attorney General of the State of Oklahoma, Capitol Building,

Oklahoma City, Oklahoma, and, where the jurisdiction of the court to

enter a judgment, order or decree in such cases depends upon the

giving of proper notice to all persons or parties interested in an

estate, such jurisdiction shall not vest in any such court, as to

the State of Oklahoma, unless and until the notice provided by law

has been given to the State of Oklahoma in the manner prescribed

herein. If the notice provided for herein be given in the manner

prescribed herein, the jurisdiction of the court, as to the State of

Oklahoma as a party entitled to share, or possibly entitled to

share, in the distribution of the estate of the decedent, shall be

the same as it is as to other persons or parties entitled to share,

Oklahoma Statutes - Title 58. Probate Procedure Page 120

or possibly entitled to share, in the distribution of such estate,

when properly served with notice required by law.
Okla. Stat. tit. 58, § 58-331.2 — OK Code / Title 58 / Section 58-331.2
Mailing of notice to creditors - Personal delivery of
Status: in_force

notice.

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

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

and an affidavit of publication must be filed with the district

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

personal delivery, shall be made by the personal representative and

shall state words to the effect that the personal representative

personally, or by and through the personal representative's

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

decedent known to the personal representative on the date said

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

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

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

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

creditors or had one or more creditors whose addresses were not

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

filed, there shall be filed an affidavit of the personal

representative to the effect that nomailing is required and the

reasons therefor.

Oklahoma Statutes - Title 58. Probate Procedure Page 62
Okla. Stat. tit. 58, § 58-549 — OK Code / Title 58 / Section 58-549
Letters revoked for continued failure
Status: in_force

If the executor or administrator resides out of the county, or

absconds, or conceals himself so that the citation cannot be

personally served and neglects to render an account within thirty

(30) days after the time prescribed in this chapter, or if he

neglects to render an account within thirty (30) days after being

committed where the attachment has been executed, his letters must

be revoked.
Okla. Stat. tit. 58, § 58-391.1 — OK Code / Title 58 / Section 58-391.1
Notice of sale of personalty at public auction - Place
Status: in_force

of sale - Return of proceedings - Hearing.

Notice of the sale of personal property at public auction shall

be published one time at least ten (10) days prior to said sale, and

a copy of the notice of said sale shall be mailed to all heirs,

Oklahoma Statutes - Title 58. Probate Procedure Page 76

legatees and devisees whose addresses are known at least ten (10)

days prior to said sale. Said notice shall contain a brief

description of the personal property to be sold and the time and

place of the sale. Public auction of such personal property shall

be made either at the courthouse door, at the site of the personal

property, at the residence of the decedent, or at some other public

place, but no sale shall be made of any personal property which is

not present at the time of the sale unless the court otherwise

orders. The executor or administrator, after making a sale of

personal property at public auction shall, except as provided in

Section 387 of this title, file a sworn return of his proceedings in

the court. The court shall fix the date for hearing such return and

notice of said hearing shall be published one time at least ten (10)

days prior to said hearing in the newspaper in the county and a copy

of said notice shall be mailed to all heirs, legatees and devisees

of the decedent whose addresses are known at least ten (10) days

prior to said hearing. Said notice shall briefly describe the

property sold, the sum for which it was sold, the name of the

purchaser and shall refer to the return for further particulars.

Upon hearing, the court shall examine the return and witnesses in

relation to the same and on proper showing the court shall approve

the sale. If such sale proceedings were unfair, or the sum bid

disproportionate to the value of said personal property, the court

shall vacate the sale and direct another to be had for which public

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

previous sale had taken place.
Okla. Stat. tit. 58, § 58-504 — OK Code / Title 58 / Section 58-504
Decree
Status: in_force

If, after a full hearing upon the application and objections,

and examination of the facts and circumstances of the claim, the

court is satisfied that the person claiming to be entitled to such

conveyance is entitled thereto, a decree authorizing and directing

the executor or administrator to execute a conveyance of the real

estate described in the application to such person shall be made,

entered on the minutes of the court, and recorded.
Okla. Stat. tit. 58, § 58-21 — OK Code / Title 58 / Section 58-21
Custodian of will to deliver same to district court
Status: in_force

Every custodian of a will, within thirty days after receipt of

information that the maker thereof is dead, must deliver the same to

the district court having jurisdiction of the estate, or to the

executor named therein. A failure to comply with the provisions of

this section makes the person failing responsible for all damages

sustained by any one injured thereby.
Okla. Stat. tit. 58, § 58-215 — OK Code / Title 58 / Section 58-215
Duties of special administrator
Status: in_force

A. The special administrator must collect and preserve for the

executor or administrator all the goods, chattels, debts and effects

of the decedent, all incomes, rents, issues and profits, claims and

demands, of the estate, must take the charge and management of, and

enter upon and preserve from damage, waste and injury, the real

estate, and for such and all other necessary purposes may commence

and maintain or defend suits and other legal proceedings, as an

administrator; he may sell such perishable property as the district

Oklahoma Statutes - Title 58. Probate Procedure Page 37

court may order to be sold, and exercise such other powers as are

conferred upon him by his appointment, but in no case is he liable

to an action by any creditor on a claim against the decedent. He

may obtain leave to borrow money, or to lease or mortgage real

property, in the same manner as a general administrator.

B. If an executor or administrator is not appointed within

sixty (60) days following the appointment of a special

administrator, upon application to and approval by the court, the

special administrator may, as provided by statute, give notice to

creditors and, upon receipt of creditor's claims as required by

statute, pay, with the approval of the probate court, such claims.
Okla. Stat. tit. 58, § 58-1209 — OK Code / Title 58 / Section 58-1209
Acknowledgment of delivery
Status: in_force

A written acknowledgment of delivery by a custodian constitutes

a sufficient receipt and discharge for custodial property

transferred to the custodian pursuant to the provisions of the

Oklahoma Uniform Transfers to Minors Act.
Okla. Stat. tit. 58, § 58-214 — OK Code / Title 58 / Section 58-214
Bond and oath of special administrator
Status: in_force

Before any letters issued to any special administrator, he must

give bond, in such sum as the judge may direct, with sureties to the

satisfaction of the judge, conditioned for the faithful performance

of his duties; and he must take the usual oath and have the same

endorsed on his letters.
Okla. Stat. tit. 58, § 58-1007 — OK Code / Title 58 / Section 58-1007
Construction and interpretation
Status: in_force

This act shall be so construed and interpreted as to effectuate

its general purpose to make uniform the law in those states which

enact it.
Okla. Stat. tit. 58, § 58-284 — OK Code / Title 58 / Section 58-284
Inventory to contain account of monies - Appraisement
Status: in_force

unnecessary, when.

The inventory must also contain an account of all monies

belonging to the decedent, which have come to the hands of the

executor or administrator, and if none, the fact must be so stated

in the inventory. If the whole estate consists of money, there need

not be an appraisement, but an inventory must be made and returned

as in other cases.
Okla. Stat. tit. 58, § 58-416 — OK Code / Title 58 / Section 58-416
Witnesses
Status: in_force

The executor, administrator and witnesses may be examined on

oath by either party, and process to compel them to attend and

testify may be issued by the judge of the district court in the same

manner and with like effect as in other cases.
Okla. Stat. tit. 58, § 58-11 — OK Code / Title 58 / Section 58-11
Personal representative defined
Status: in_force

As used in this title, "personal representative" includes

executor, administrator, administrator with will annexed,

conservator, guardian and persons who perform substantially the same

function under the law governing their status and includes a

successor personal representative appointed to succeed a previously

appointed personal representative.