reglab/housing_qa huggingface dataset:
58 OK Stat § 58-624 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-624. Allowance of petition - Order.

|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.Amended by Laws 1988, c. 329, § 133, eff. Nov. 1, 1988.
58 OK Stat § 58-625 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-625. Assessment against legatee or devisee.

|When any bond has been executed and delivered, under the provisions of the preceding section, and it is necessary for the settlement of the estate to require the payment of any part of the money thereby secured, the executor or administrator must petition the court for an order requiring the payment, and have a citation issued and served on the party bound, requiring him to appear and show cause why the order should not be made. At the hearing, the court, if satisfied of the necessity of such payment, must make an order accordingly, designating the amount and giving a time within which it must be paid. If the money be not paid within the time allowed, an action may be maintained by the executor or administrator on the bond. |R.L.1910, § 6462.
58 OK Stat § 58-631 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-631. Distribution.

|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. |R.L.1910, § 6463; Laws 1953, p. 243, § 55.
58 OK Stat § 58-632 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-632. Rights fixed by decree.

|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. |R.L.1910, § 6464.
58 OK Stat § 58-632.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-632.1. Validation of decrees entered prior to January 1, 1941.

|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 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. |Laws 1945, p. 188, § 1.
58 OK Stat § 58-632.2 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-632.2. Validation of decrees entered prior to January 1, 1951.

|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. |Laws 1955, p. 301, § 1.
58 OK Stat § 58-632.3 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-632.3. Compliance with notice requirements - Form of final decree - Voidable decree.

|1. At the hearing on the final account of any personal representative who has given notice to creditors as provided in this title, the judge shall conduct an inquiry to judicially determine whether the personal representative has complied with the provisions of Sections 243 and 331 of this title. |2. The final decree shall contain a finding in substantially the following form:a.That notice to creditors as required by Sections 243 and 331 of this title was given by the personal representative, including notice by mail to all creditors, if any, known to the personal representative as of the date said notice was filed with the district court clerk for the county in which the probate is pending, at their respective last-known addresses; andb.That all claims not filed within the time permitted for the presentation of claims are nonsuited, void and forever barred, except as otherwise provided in this title or any claim for which payment is approved in this decree pursuant to Section 335 of this title.3. A final decree which fails to contain the finding required by this section shall be voidable.4. If the affidavits required by Section 332 of this title are filed in the probate proceeding for the decedent's estate prior to the entry of the final decree and the final decree contains the findings required by this section, the failure of a personal representative to give actual notice to a creditor shall not impair the marketability of the title to any property, real or personal, distributed from the estate.5. Marketability of the title to any property, real or personal, sold during the administration of an estate shall not be impaired or affected by the requirements of this title for giving notice to creditors of a decedent.Added by Laws 1988, c. 228, § 18, emerg. eff. June 22, 1988. Amended by Laws 1992, c. 395, § 12, eff. Sept. 1, 1992.
58 OK Stat § 58-633 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-633. Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds.

|Upon application for distribution, after final settlement of the accounts of administration, if the decedent was a nonresident of this state, leaving a will which has been duly proved or allowed in the state of his residence, and an authenticated copy thereof has been admitted to probate in this state, or if the decedent died intestate, and an administrator has been duly appointed and qualified in the state of his residence, and it is necessary, in order that the estate, or any part thereof, may be distributed according to the will, or if the court is satisfied that it is for the best interests of the estate, that the estate in this state should be delivered to the executor or administrator in the state or place of the decedent's residence, the court may order such delivery to be made, and, if necessary, order a sale of the real estate, and a like delivery of the proceeds. The delivery, in accordance with the order of the court, is a full discharge of the executor or administrator with the will annexed or administrator, in this state, in relation to all property embraced in such order, which, unless reversed on appeal binds and concludes all parties in interest. Sales of real state, ordered by virtue of this section, must be made in the same manner as other sales of real estate of decedents by order of the court. |R.L.1910, § 6465; Laws 1935, p. 6, § 1.
58 OK Stat § 58-634 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-634. Petition and notice for decree of distribution.

|The order or decree may be made on the petition of the executor or administrator, or any person interested in the estate. Notice of the application must be given by publication, if the court so directs. If partition be applied for, as provided in this article, the decree of distribution shall not divest the court of jurisdiction to order partition, unless the estate is finally closed. |R.L.1910, § 6466; Laws 1969, c. 302, § 25, eff. Jan. 1, 1970. R.L.1910, § 6466; Laws 1969, c. 302, § 25, eff. Jan. 1, 1970.
58 OK Stat § 58-634.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-634.1. Judgment creditor of heir, legatee or devisee - Petition.

|A judgment creditor of an heir, legatee or devisee of an estate shall, in addition to any other remedies now or hereafter provided by law, have the right to petition in probate for total distribution of the estate in the same manner and to the same extent that any person interested in the estate may do under the probate procedure. For the purpose of this act, a judgment creditor means a person who has reduced his claim to a final judgment. |Laws 1970, c. 171, § 1, emerg. eff. April 10, 1970.
58 OK Stat § 58-635 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-635. Taxes paid before decree.

|Before any decree of distribution of an estate is made, the district court must be satisfied, by the oath of the executor or administrator, or otherwise, that all state, county, school and municipal taxes, legally levied upon personal property of the estate, and all income and estate taxes due the State of Oklahoma have been fully paid or arrangements satisfactory to the court have been made to secure the payment of same. For deaths occurring on or after January 1, 2010, no release of estate tax liability is necessary pursuant to Section 5 of this act. |R.L.1910, § 6467. Amended by Laws 1953, p. 243, § 56; Laws 1955, p. 301, § 6; Laws 2010, c. 436, § 2, eff. July 1, 2010.
58 OK Stat § 58-652 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-652. Partition of common and undivided estates - Procedure.

|Whenever an estate, or any part thereof, consisting of either real or personal property, is assigned by the decree of distribution to two or more persons, in common and undivided, such estate may be partitioned in the same proceeding on the petition of any interested person in the manner provided by 12 O.S.1961, Sections 1501 et seq. |Laws 1969, c. 302, § 35, eff. Jan. 1, 1970.
58 OK Stat § 58-661 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-661. Settlement of advancements.

|All questions as to advancements made or alleged to have been made by the decedent to his heirs may be heard and determined by the county court, and must be specified in the decree assigning and distributing the estate; and the final judgment or decree of the district court, or in case of an appeal, of the district court or Supreme Court, is binding on all parties interested in the estate. |R.L.1910, § 6479.
58 OK Stat § 58-671 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-671. Agent appointed for nonresident.

|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. |R.L.1910, § 6480.
58 OK Stat § 58-672 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-672. Bond and allowances of agent.

|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. |R.L.1910, § 6481; Laws 1963, c. 132, § 1.
58 OK Stat § 58-673 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-673. Sale of property unclaimed for a year.

|When personal property remains in the hands of the agent unclaimed for a year, and it appears to the court that it is for the benefit of those interested, it shall be sold under the order of the court and the proceeds, after deducting the expenses of the sale allowed by the court, must be paid into the State Treasury. When the payment is made, the agent must take from the Treasurer duplicate receipts one of which he must file in the office of the State Treasurer, and the other in the district court. |R.L.1910, § 6482; Laws 1979, c. 47, § 34, emerg. eff. April 9, 1979. R.L.1910, § 6482; Laws 1979, c. 47, § 34, emerg. eff. April 9, 1979.
58 OK Stat § 58-674 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-674. Agent to render account.

|The agent must render to the district court appointing him, annually, an account, showing: |1. The value and character of the property received by him, what portion thereof is still on hand, what sold, and for what.2. The income derived therefrom.3. The taxes and assessments imposed thereon, for what, and whether paid or unpaid.4. Expenses incurred in the care, protection and management thereof, and whether paid or unpaid.When such account is filed, the district court may examine witnesses and take proofs in regard to it; and if satisfied from such accounts and proofs that it will be for the benefit and advantage of the persons interested therein, the court may, by order, direct a sale to be made of the whole or such parts of the real or personal property as shall appear to be proper, and the purchase money to be deposited in the State Treasury, to be receipted for and the receipts filed as in like cases before provided.R.L.1910, § 6483.
58 OK Stat § 58-675 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-675. Liability of agent on bond.

|The agent is liable on his bond for the care and preservation of the estate while in his hands, and for the payment of the proceeds of the sale, as required in the preceding sections, and may be sued thereon by any person interested. |R.L.1910, § 6484.
58 OK Stat § 58-676 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-676. Claimant of property.

|When any person appears and claims the money paid into the treasury, the district court making the distribution must inquire into such claim, and, being first satisfied of his right thereto, must grant him a certificate to that effect, under its seal; and upon the presentation of the certificate to him, the State Treasurer shall issue a warrant for the amount. |R.L.1910, § 6485; Laws 1979, c. 47, § 35, emerg. eff. April 9, 1979.
58 OK Stat § 58-691 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-691. Discharge of representative.

|When the estate has been fully administered, and it is shown by the executor and administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up under the order of the court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the court must make a judgment or decree discharging him from all liability to be incurred thereafter. |R.L.1910, § 6486.
58 OK Stat § 58-692 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-692. Property discovered after final settlement.

|The final settlement of an estate, as hereinbefore provided, shall not prevent a subsequent issue of letters testamentary or of administration, or of administration with the will annexed if other property of the estate discovered, or if it become necessary or proper for any cause that letters should be again issued. |R.L.1910, § 6487.
58 OK Stat § 58-692.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-692.1. Title to omitted property without subsequent letters.

|In the event any property is not specifically described in the inventory or in the final decree or in any other part of the proceedings, if the order or decree names the heirs, or devisees or legatees and the proportions or parts they are entitled to have distributed to them in the residue of the estate, the title of said omitted property is established in the heirs, devisees or legatees in the proportions or parts named, without the necessity of the issuing or subsequent letters testamentary, or of administration, or of administration with the will annexed. |Laws 1953, p. 253, § 1.
58 OK Stat § 58-694 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-694. Search for minor.

|If no demand shall be made for such monies within one (1) year after the time it shall appear from the records of such estate that such minor should be of age, the court clerk shall make a diligent endeavor to ascertain his whereabouts, and if found, notify him of his right of such money. |Laws 1915, c. 276, § 2.
58 OK Stat § 58-695 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-695. Death of minor - Disposition of moneys.

|Should a minor die having money thus deposited in the hands of the court clerk, the same shall be delivered to his personal representative. |Laws 1915, c. 276, § 3.
58 OK Stat § 58-701 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-701. Orders and decrees, requisites of.

|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. |R.L.1910, § 6489; Laws 1953, p. 243, § 57.
58 OK Stat § 58-702 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-702. Publications, how made.

|When any publication is ordered, such publication must be made daily or otherwise, as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this chapter. The court or judge may, however, order a less number of publications during the period. And in all cases where notice is required by this chapter to be given by publication, the petitioner, administrator, executor or guardian may designate the newspaper in which such notice is to be published. |R.L.1910, § 6490.
58 OK Stat § 58-703 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-703. Recorded decree is notice to all persons.

|When it is provided in this chapter that any order or decree of a district court or judge, or a copy thereof, must be recorded in the office of the county register of deeds, notice is imparted to all persons of the contents thereof, from the time of filing the same for record. |R.L.1910, § 6491.
58 OK Stat § 58-704 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-704. Citation must contain what.

|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.R.L.1910, § 6492.
58 OK Stat § 58-705 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-705. Service of citation.

|The citation must be served in the same manner as a summons in a civil action. |R.L.1910, § 6493.
58 OK Stat § 58-706 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-706. Personal notice, how given.

|When a personal notice is required, and no mode of giving it is prescribed in this chapter, it must be given by citation. |R.L.1910, § 6494.
58 OK Stat § 58-707 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-707. Time of service of citation.

|When no other time is specially prescribed in this chapter, citations must be served at least five (5) days before the day set for the hearing. |R.L.1910, § 6495; Laws 1972, c. 116, § 1, emerg. eff. March 31, 1972.
58 OK Stat § 58-707.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-707.1. Persons who may serve - Proof of service.

|Whenever personal service of a notice or citation is prescribed in any section of the probate code, service shall be made by any person not personally interested therein unless service of the notice by a sheriff is ordered by the court. Proof of such service by a person other than the sheriff shall be made by affidavit of the person making the service. |Laws 1953, p. 254, § 1.
58 OK Stat § 58-708 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-708. Description of real property in publication.

|When a complete description of the real property of an estate sought to be sold has been given and published in a newspaper, as required in the order to show cause why the sale should not be made, such description need not be published in any subsequent notice of sale, or notice of a petition for the confirmation thereof. It is sufficient to refer to the description contained in the publication of the first notice, as being proved and on file in the court. |R.L.1910, § 6496.
58 OK Stat § 58-709 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-709. Trials and findings - Judgments, how enforced.

|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. |R.L.1910, § 6497; Laws 1972, c. 116, § 2, emerg. eff. March 31, 1972.