reglab/housing_qa huggingface dataset:
58 OK Stat § 58-314 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-314. Additional allowance for maintenance during settlement of estate.

|If the amount set apart as aforesaid be less than that allowed, and insufficient for the support of the surviving spouse and children, or either, or, if there be no such personal property to be set apart, and if there be other estate of the decedent, the court may in its discretion make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family, according to their circumstances during the progress of the settlement of the estate, which, in case of an insolvent estate, must not be longer than one (1) year after granting letters testamentary, or of administration. |R.L.1910, § 6331; Laws 1925, c. 124, p. 176, § 1.
58 OK Stat § 58-315 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-315. Allowance a preferred claim.

|Any allowance made by the court in accordance with the provisions of this article must be paid in preference to all other charges, except funeral charges or expenses of administration, and any such allowance, whenever made, may, in the discretion of the court, take effect from the death of the decedent. |R.L.1910, § 6332.
58 OK Stat § 58-316 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-316. Who entitled to property set apart.

|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.Amended by Laws 1984, c. 233, § 1, eff. July 1, 1985.
58 OK Stat § 58-318 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-318. When widow has independent income.

|If the widow has a maintenance derived from her own property equal to the portion set apart to her by the preceding sections of this article, the whole property so set apart, other than her right in the homestead, must go to the minor children. |R.L.1910, § 6335.
58 OK Stat § 58-331 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-331. Notice to creditors to present claims.

|Every personal representative must, unless the notice has been given by a special administrator as provided in Section 215 of this title, within two (2) months after the issuance of his letters, file notice to the creditors of the decedent stating that claims against said deceased will be forever barred unless presented to such personal representative, at the personal representative's place of residence or business, or at the place of business of the attorney for the personal representative, as specified in the notice, by the presentment date stated in the notice. The presentment date shall be a date certain which is at least two (2) months following the date said notice is filed, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice. If the presentment date stated is a Saturday, Sunday, or legal holiday, the presentment date shall be deemed to be the next succeeding day which is not a Saturday, Sunday, or legal holiday. The notice to creditors shall be given by publication in some newspaper in the county in which the probate is filed once each week for two (2) consecutive weeks, and by mail to all known creditors of the decedent at their respective last-known available addresses, in accordance with Section 6 of this act. The notice shall be substantially in the following form: |All creditors having claims against A B, deceased, are required to present the same, with a description of all security interests and other collateral (if any) held by each creditor with respect to such claim, to the named personal representative at ______ (address of the personal representative or attorney for the personal representative) on or before the following presentment date: _________________, or the same will be forever barred.C D, Personal Representativefor the Estate of A B, deceased.orE F, Attorney for Personal RepresentativeDated ________________, 19__.Provided, that in all proceedings wherein the decedent has been dead for a period of more than five (5) years prior to the commencement of a probate proceeding for said decedent's estate, or where regular proceedings have been dispensed with pursuant to Section 241 of this title, the presentment date may be stated to be a date certain (subject to the above provisions regarding the stating of the presentment date as a Saturday, Sunday, or legal holiday) which is at least one (1) month following the date said notice is filed with the district court clerk for the county in which the probate is pending, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice with said district court clerk.Amended by Laws 1988, c. 228, § 4, emerg. eff. June 22, 1988.
58 OK Stat § 58-331.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-331.1. Identification of creditors.

|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.Added by Laws 1988, c. 228, § 5, emerg. eff. June 22, 1988.
58 OK Stat § 58-331.2 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-331.2. Mailing of notice to creditors - Personal delivery of 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. |Added by Laws 1988, c. 228, § 6, emerg. eff. June 22, 1988.
58 OK Stat § 58-332 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-332. Affidavit of mailing or personal delivery.

|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. |Amended by Laws 1988, c. 228, § 7, emerg. eff. June 22, 1988.
58 OK Stat § 58-333 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-333. Bar of claims not presented in time - Exceptions.

|All claims arising upon contracts entered into prior to the decedent's death, whether the same be due, not due or contingent, must be presented on or before the presentment date as provided in the notice, and any claim not so presented is barred forever; provided, however, that when it is made to appear by the affidavit of the claimant, to the satisfaction of the personal representative and the judge of the district court, as duly noted on the claim, that the claimant had no notice by reason of being out of the state and that a copy of the notice to creditors was not mailed to said claimant, the claim may be presented at any time before a final decree of distribution is entered; provided, further, that nothing in this section, nor in this chapter contained, shall be construed to prohibit the right or limit the time of foreclosure of mortgages upon real property of decedents, but every such mortgage may be foreclosed within the time and in the mode prescribed in civil procedure, except that no balance of the debt secured by such mortgage remaining unpaid after foreclosure shall be a claim against the estate, unless such debt was presented as required by this code. |Amended by Laws 1988, c. 228, § 8, emerg. eff. June 22, 1988; Laws 1991, c. 148, § 2, eff. Sept. 1, 1991.
58 OK Stat § 58-334 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-334. Signing of claim - Contents of claim - Proof of claim.

|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. |Amended by Laws 1988, c. 228, § 9, emerg. eff. June 22, 1988.
58 OK Stat § 58-335 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-335. Claims paid when not proved and allowed.

|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. |Amended by Laws 1988, c. 228, § 10, emerg. eff. June 22, 1988.
58 OK Stat § 58-336 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-336. Claim by district judge - Proceedings.

|The judge of the district court may present a claim against the estate of a decedent, for allowance, to the executor or administrator thereof; and if the executor or administrator allows or rejects the claim, he must, in writing, present the same to the county clerk of the county, who shall thereupon be substituted in the settlement of said estate in place of the judge of the district court, as provided by law, and the judge of the district court presenting such claim, in case of its rejection by the executor or administrator, or by such county clerk, acting as judge, has the same right to sue in a proper court for its recovery as other persons have when their claims against an estate are rejected. |R.L.1910, § 6341.
58 OK Stat § 58-338 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-338. Claims filed in court after allowance.

|Every claim allowed by the personal representative, and approved by the judge, must, within thirty (30) days after approval by the judge, be filed in the district court and ranked among the acknowledged debts of the estate, to be paid in due course of administration. If the claimant has left any original voucher in the hands of the personal representative, or suffered the same to be filed in court, he may withdraw the same when a copy of the same has been already, or is then, attached to his claim. |Amended by Laws 1988, c. 228, § 12, emerg. eff. June 22, 1988.
58 OK Stat § 58-339 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-339. Suit on rejected claim

|When a claim is rejected, either by the executor or administrator, or the judge of the district court, the holder may bring suit as an ancillary proceeding in the probate case or as an independent action, according to its amount, against the executor or administrator. Any proceeding or action shall be filed within forty-five (45) days after the date the claim was rejected, if it be then due, or within two (2) months after it becomes due; otherwise the claim is forever barred. If suit be brought as an ancillary proceeding, no process need be issued for service on the executor or administrator and pleadings and practice therein shall be the same as if an independent action had been brought to recover upon the claim. |R.L.1910, § 6344; Laws 1976, c. 140, § 1, eff. Oct. 1, 1976.
58 OK Stat § 58-340 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-340. Claims barred by statute not allowed - Hearing before judge.

|No claim must be allowed by the executor or administrator, or by the judge, which is barred by the statute of limitations. When a claim is presented to the judge for his allowance, he may, in his discretion, examine the claimant and others, on oath, and hear any other legal evidence touching the validity of the claim. |R.L.1910, § 6345.
58 OK Stat § 58-341 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-341. Claim must be presented before suit.

|No holder of any claim against an estate shall maintain any action thereon, unless the claim is first presented to the executor or administrator. |R.L.1910, § 6346.
58 OK Stat § 58-342 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-342. Vacancy in administration not included in limitation.

|The time during which there shall be a vacancy in the administration, must not be included in any limitation herein prescribed. |R.L.1910, § 6347.
58 OK Stat § 58-344 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-344. Partial allowance of claim.

|Whenever any claim is presented to an executor or administrator, or to the judge of the district court, and he is willing to allow the same in part, he must state in his endorsement the amount he is willing to allow. If the creditor refuse to accept the amount allowed in satisfaction of his claim, he shall recover no costs in an action therefor, brought against the executor or administrator, unless he recovers a greater amount than that offered to be allowed. |R.L.1910, § 6349.
58 OK Stat § 58-345 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-345. Judgment only establishes claim.

|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. |R.L.1910, § 6350.
58 OK Stat § 58-346 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-346. Judgments before death, how collected.

|When any judgment has been rendered for or against the testator or intestate in his lifetime, no execution shall issue thereon after his death, except: |1. In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interests.2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon.A judgment against the decedent for the recovery of money, must be presented to the executor or administrator, like any other claim. If the execution is actually levied upon any property of the decedent before his death, the same may be sold for the satisfaction thereof, and the officer making the sale must account to the executor or administrator for any surplus in his hands.R.L.1910, § 6351.
58 OK Stat § 58-347 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-347. Death between verdict and judgment.

|A judgment rendered against a decedent, dying after verdict or decision on an issue of fact, but before judgment is rendered thereon, is not a lien on the real property of the decedent, but is payable in due course of administration. |R.L.1910, § 6352.
58 OK Stat § 58-348 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-348. Reference of claim to third person.

|If the executor or administrator doubts the correctness of any claim presented to him, he may enter into an agreement, in writing, with the claimant, to refer the matter in controversy to some disinterested person, to be approved by the judge of the county court. Upon filing the agreement, and approval of the judge of the county court, in the office of the clerk of the district court for the county or judicial subdivision in which the letters testamentary or of administration were granted, the clerk must, either in vacation or in term, enter a minute of the order referring the matter in controversy to the person so selected; or if the parties consent, a reference may be had in the county court; and the report of the referee, if confirmed, establishes or rejects the claim, the same as if it had been allowed or rejected by the executor or administrator and the county judge. |R.L.1910, § 6353.
58 OK Stat § 58-349 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-349. Duties of the referee - Proceedings.

|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 thereon shall be as valid and effectual, in all respects, as if the same had been rendered in a suit commenced by ordinary process. |R.L.1910, § 6354.
58 OK Stat § 58-350 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-350. Costs against representative.

|When a judgment is recovered, with costs, against any executor or administrator, he shall be individually liable for such costs, but they must be allowed him in his administration accounts, unless it appears that the suit or proceedings in which the costs were taxed was prosecuted or defended without just cause. |R.L.1910, § 6355.
58 OK Stat § 58-351 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-351. Claim by personal representative.

|If the personal representative is a creditor of the decedent, his claim must be presented for allowance or rejection to the judge of the district court not later than the presentment date as provided in the notice, and its allowance by the judge is sufficient evidence of its correctness, and it must be paid as other claims, in due course of administration. If, however, the judge rejects the claim, action thereon may be had against the estate by the claimant, and summons must be served upon the judge of the district court, who may appoint an attorney at the expense of the estate, to defend the action. If the claimant recover no judgment, he must pay all costs, including defendant's attorney's fee. |Amended by Laws 1988, c. 228, § 13, emerg. eff. June 22, 1988.
58 OK Stat § 58-352 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-352. Neglect to give notice to creditors.

|If an executor or administrator neglects for two (2) months after his appointment to give notice to creditors, as prescribed by this article, the court must revoke his letters, and appoint some other person in his stead, equally or next in order, entitled to the appointment, unless good cause to the contrary be shown. |R.L.1910, § 6357; Laws 1969, c. 302, § 10, eff. Jan. 1, 1970.