reglab/housing_qa huggingface dataset:
58 OK Stat § 58-963 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-963. Presentation of proposed lease to court - Review by court - Approval - Bond.

|On the date fixed in the notice in the last preceding section, if a proposed lease, or leases, shall have been presented to the administrator, administrator with will annexed, executor, or guardian which shall meet with the approval of said administrator, administrator with will annexed, executor or guardian he shall present the same to the district court administering the estate of said decedent or minor or incompetent person, and on said date the district court shall review the said proposed lease or leases which shall have been approved by said administrator, administrator with will annexed, executor or guardian, and any objections interposed thereto, and shall ascertain whether it shall be to the best interest of the estate of said deceased person, minor or incompetent to enter into said proposed lease, or any of said proposed leases, and, if it shall be to the best interest of the estate of said deceased person, minor or incompetent person shall approve that one which shall in the opinion of said district court be most advantageous to the estate of said deceased person, or minor or incompetent person. The court shall direct the administrator, administrator with will annexed, executor or guardian to execute the lease upon there being furnished to him a bond, conditioned for faithful performance of said lease by the lessee, in a sum equal to one-fifth (1/5) of the total rental to be paid under said lease, or the rental for two (2) years, or the value of the improvements agreed to be placed upon said leased property by the lessee, whichever is the greater. In case said lease shall not have a definite sum upon which to base such percentage the district court shall estimate the amount of the prospective rental for the lease period and fix the bond accordingly. |Laws 1953, p. 252, § 3.
58 OK Stat § 58-1001 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1001. Disposition of property upon insufficient evidence of survivorship.

|Where the title to property or the devolution thereof depends upon priority of death of two or more persons and there is no sufficient evidence to establish that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this act. |Added by Laws 1959, p. 395, § 1.
58 OK Stat § 58-1002 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1002. Beneficiaries.

|If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence to establish that the two have died otherwise than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence to establish that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of such beneficiaries had survived. |Laws 1959, p. 395, § 2.
58 OK Stat § 58-1003 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1003. Joint tenants or tenants by the entirety.

|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. |Laws 1959, p. 395, § 3.
58 OK Stat § 58-1004 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1004. Husband and wife.

|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. |Laws 1959, p. 395, § 4.
58 OK Stat § 58-1005 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1005. Life or accident policies - Annuity contracts - 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. |Laws 1959, p. 395, § 5.
58 OK Stat § 58-1006 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1006. Inapplication in certain cases.

|This act shall not apply in the case of wills, living trusts, deeds, or contracts of insurance or annuity, or any other instrument wherein provision is made for distribution of property different from the provisions of this act, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided, in all of which cases the provisions of such instrument shall be given effect. |Laws 1959, p. 396, § 6.
58 OK Stat § 58-1007 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1007. Construction and interpretation.

|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. |Laws 1959, p. 396, § 7.
58 OK Stat § 58-1008 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1008. Citation.

|This act may be cited as the Uniform Simultaneous Death Act. |Laws 1959, p. 396, § 8.
58 OK Stat § 58-1073 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1073. Disability, incapacity, or extended absence of principal not affecting acts done pursuant to durable power of attorney.

|All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability, incapacity, or extended absence of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled, incapacitated, or on an extended absence. |Added by Laws 1988, c. 293, § 3, eff. Nov. 1, 1988. Amended by Laws 2010, c. 315, § 2, eff. Nov. 1, 2010.
58 OK Stat § 58-1081 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1081. Standards of conduct and liability.

|Any attorney-in-fact, whether acting pursuant to a durable or nondurable power of attorney or otherwise, is bound by standards of conduct and liability applicable to other fiduciaries. |Added by Laws 1988, c. 293, § 9, eff. Nov. 1, 1988.
58 OK Stat § 58-1101 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1101. Application of act.

|When an Oklahoma resident dies leaving a surviving spouse, and leaves a will which gives all of the estate to such surviving spouse and names such surviving spouse as executor, the procedures set out in this act may be used and shall control over other provisions of law to the contrary, and unless contrary hereto, all applicable existing law shall remain in force and effect. |Laws 1979, c. 258, § 14, eff. Oct. 1, 1979.
58 OK Stat § 58-1102 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1102. Petition - Filing - Contents.

|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; and5. The nature and estimated value of the estate, to the best of petitioner's knowledge.Laws 1979, c. 258, § 15, eff. Oct. 1, 1979.
58 OK Stat § 58-1103 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1103. Hearing - Notice.

|Upon filing of the petition, the court shall fix a time, place and date for hearing the petition which date shall be not less than ten (10) nor more than thirty (30) days from the filing of the petition. Notice shall be given as provided by law for hearing of a petition for probate or other wills. Proof of such notice shall be made and filed as in other estate proceedings. |Laws 1979, c. 258, § 16, eff. Oct. 1, 1979.
58 OK Stat § 58-1104 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1104. Admission of will to probate - Appointment of surviving 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; and4. Carry out all other duties of a personal representative as in other estate proceedings.Added by Laws 1979, c. 258, § 17, eff. Oct. 1, 1979. Amended by Laws 1980, c. 286, § 3, eff. Oct. 1, 1980; Laws 1988, c. 228, § 19, emerg. eff. June 22, 1988; Laws 2010, c. 436, § 4, eff. July 1, 2010.
58 OK Stat § 58-1105 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1105. Final account - Filing - Requisites - Petition.

|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; and4. To discharge the surviving spouse and any sureties on the bond from further duties and liabilities.Laws 1979, c. 258, § 19, eff. Oct. 1, 1979.
58 OK Stat § 58-1106 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1106. Final account and petition - Date, time and place - 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.Laws 1979, c. 258, § 19, eff. Oct. 1, 1979.
58 OK Stat § 58-1201 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1201. Short title.

|Sections 1201 through 1225 of this title shall be known and may be cited as the "Oklahoma Uniform Transfers to Minors Act". |Added by Laws 1986, c. 261, § 1, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 1, eff. Sept. 1, 1993.
58 OK Stat § 58-1202 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1202. Definitions.

|As used in the Oklahoma Uniform Transfers to Minors Act: |1. "Adult" means an individual who has attained the age of twenty-one (21) years.2. "Benefit plan" means an employer's plan for the benefit of an employee or partner.3. "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.4. "Guardian" means a person appointed or qualified by a court to act as guardian of the estate or of the person and the estate.5. "Court" means the district court of this state in the county where the minor resides, or, if the minor is not a resident of this state, the district court of this state in the county where the custodian resides or has his principal place of business.6. "Custodial property" means:a.any interest in property transferred to a custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act, andb.the income from and proceeds of that interest in property.7. "Custodian" means a person so designated pursuant to Section 1210 of this title or a successor or substitute custodian designated pursuant to Section 1219 of this title.8. "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised according to state or federal law.9. "Legal representative" means an individual's personal representative, conservator, or guardian.10. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.11. "Minor" means an individual who has not attained the age of twenty-one (21) years.12. "Person" means an individual, corporation, organization, or other legal entity.13. "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate, or a person legally authorized to perform substantially the same functions.14. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.15. "Transfer" means a transaction that creates custodial property pursuant to Section 1210 of this title.16. "Transferor" means a person who makes a transfer pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act.17. "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.Added by Laws 1986, c. 261, § 2, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 2, eff. Sept. 1, 1993.
58 OK Stat § 58-1203 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1203. Applicability of law - Custodianship.

|A. The Oklahoma Uniform Transfers to Minors Act applies to a transfer that refers to the Oklahoma Uniform Transfers to Minors Act in the designation provided for in subsection A of Section 10 of this act by which the transfer is made if at the time of the transfer, the transferor, minor, or custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to the provisions of the Oklahoma Uniform Transfers to Minors Act despite a subsequent change in residence of the transferor, minor, or custodian, or the removal of custodial property from this state. |B. A person designated as a custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.C. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, minor, or custodian is a resident of the designated state or the custodial property is located in the designated state.Added by Laws 1986, c. 261, § 3, eff. Nov. 1, 1986.
58 OK Stat § 58-1204 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1204. Nomination of custodian.

|A. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ________________ (name of minor) under the Oklahoma Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. |B. A custodian nominated pursuant to the provisions of this section must be a person to whom a transfer of property of that kind may be made according to the provisions of subsection A of Section 10 of this act.C. The nomination of a custodian pursuant to the provisions of this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed pursuant to the provisions of Section 10 of this act. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to the provisions of Section 10 of this act.Added by Laws 1986, c. 261, § 4, eff. Nov. 1, 1986.
58 OK Stat § 58-1205 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1205. Irrevocable transfers to custodian.

|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. |Added by Laws 1986, c. 261, § 5, eff. Nov. 1, 1986.
58 OK Stat § 58-1206 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1206. Personal representatives or trustees - Irrevocable transfers to custodian.

|A. A personal representative or trustee may make an irrevocable transfer pursuant to the provisions of Section 10 of this act to a custodian for the benefit of a minor as authorized in the governing will or trust. |B. If the testator or settlor has nominated a custodian according to Section 4 of this act to receive the custodial property, the transfer must be made to that person.C. If the testator or settlor has not nominated a custodian according to Section 4 of this act, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind according to the provisions of subsection A of Section 10 of this act.Added by Laws 1986, c. 261, § 6, eff. Nov. 1, 1986.
58 OK Stat § 58-1207 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1207. Personal representatives, trustees or guardians - Irrevocable 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 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, and3. the transfer is authorized by the court if it exceeds Ten Thousand Dollars ($10,000.00) in value.Added by Laws 1986, c. 261, § 7, eff. Nov. 1, 1986.
58 OK Stat § 58-1208 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-1208. Persons holding property of or owing debt to minor - Irrevocable transfers to custodian.

|A. Subject to the provisions of subsections B and C of this section, a person not subject to the provisions of Sections 6 or 7 of this act who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to the provisions of Section 10 of this act. |B. If a person having the right to do so pursuant to the provisions of Section 4 of this act has nominated a custodian according to the provisions of Section 4 of this act to receive the custodial property, the transfer must be made to that person.C. If no custodian has been nominated pursuant to the provisions of Section 4 of this act, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer pursuant to the provisions of this section may be made to an adult member of the minor's family or to a trust company, unless the property exceeds Ten Thousand Dollars ($10,000.00) in value.Added by Laws 1986, c. 261, § 8, eff. Nov. 1, 1986.