reglab/housing_qa huggingface dataset:
58 OK Stat § 58-126 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-126. Who incompetent as administrator.

|No person is competent to serve as administrator or administratrix, who, when appointed, is: |1. Under the age of majority.2. Convicted of an infamous crime.3. Adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence or want of understanding or integrity.R.L.1910, § 6249.
58 OK Stat § 58-127 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-127. Requisites of petition for administration.

|Petition for letters of administration must be in writing, signed by the applicant or his counsel, and filed with the judge of the court stating the facts essential to give the court jurisdiction of the case, and when known to the applicant, he must state the names, ages and residence of the heirs of the decedent, and the value and character of the property. If the jurisdictional facts existed, but are not fully set forth in the petition, and are afterwards proved in the course of administration, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments. |R.L.1910, § 6250.
58 OK Stat § 58-128 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-128. Notice of hearing.

|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.R.L.1910, § 6251; Laws 1953, p. 234, § 12; Laws 1955, p. 299, § 1; Laws 1967, c. 179, § 1, emerg. eff. May 1, 1967; Laws 1969, c. 302, § 4, eff. Jan. 1, 1970; Laws 1970, c. 218, § 2, emerg. eff. April 15, 1970; Laws 1994, c. 184, § 1, eff. Sept. 1, 1994.
58 OK Stat § 58-129 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-129. Contest of petition - Notice.

|Any person interested may contest the petition by filing written opposition thereto, on the ground of the incompetency of the applicant, or may, at any time within thirty (30) days after an administrator has been appointed, assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant must file his petition in the court. The court thereof shall set a day for hearing the same and the contestant shall give written notice by mail, postage prepaid, to the known heirs and the original petitioner or administrator, if the appointment has been made, of said contest, and the time and place set for hearing the same, at least five (5) days before said hearing. |R.L.1910, § 6252; Laws 1969, c. 302, § 5, eff. Jan. 1, 1970.
58 OK Stat § 58-130 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-130. Hearing of the petition - Order.

|On the hearing, it being first proved that notice has been given as herein required, the court must hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto. |R.L.1910, § 6253.
58 OK Stat § 58-131 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-131. Court entry as to proof conclusive.

|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. |R.L.1910, § 6254.
58 OK Stat § 58-132 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-132. Letters granted to applicant where no contest.

|Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration when such persons fail to appear and claim the issuing of letters to themselves. |R.L.1910, § 6255.
58 OK Stat § 58-133 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-133. Proof of death intestate.

|Before letters of administration are granted on the estate of any person who is represented to have died intestate, the fact of his dying intestate must be proved by the testimony of the applicant or others; and the court may also examine any other person concerning the time, place and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left any will, and may compel any person to attend as a witness for that purpose. |R.L.1910, § 6256.
58 OK Stat § 58-134 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-134. Nomination of stranger by person entitled.

|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. |R.L.1910, § 6257.
58 OK Stat § 58-135 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-135. Revocation in favor of person entitled.

|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 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. |R.L.1910, § 6258.
58 OK Stat § 58-136 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-136. Notice of such petition.

|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. |R.L.1910, § 6259.
58 OK Stat § 58-137 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-137. Hearing - Order.

|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. |R.L.1910, § 6260.
58 OK Stat § 58-138 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-138. Surviving spouse - Assertion of prior right.

|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. |R.L.1910, § 6261.
58 OK Stat § 58-161 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-161. Oath - Records.

|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. |R.L.1910, § 6262.
58 OK Stat § 58-162 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-162. Nonresident representative must appoint agent.

|Every executor, administrator or guardian appointed in, but residing out of the state, shall, before entering upon the duties of his trust, in writing, appoint an agent residing in the county where he is appointed, and shall by such writing stipulate and agree that the service of any legal process against him as such executor, administrator or guardian if made on said agent shall be of the same legal effect as if made on himself personally within the state. Such writing shall give the proper address of such agent and shall be filed in the office of the judge of the district court where such appointment is made. |R.L.1910, § 6263.
58 OK Stat § 58-171 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-171. Necessity and requisites of bond.

|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. |R.L.1910, § 6264; Laws 1963, c. 101, § 1, emerg. eff. May 27, 1963.
58 OK Stat § 58-173 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-173. Condition of bond.

|The bond must be conditioned that the executor or administrator shall faithfully execute the duties of the trust according to law. |R.L.1910, § 6266.
58 OK Stat § 58-174 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-174. Separate bond for each person - Exception.

|When two or more persons are appointed executors or administrators, the judge of the district court must require and take a separate bond from each of them. Provided, a single joint bond shall be permitted if said bond is signed by a corporate surety company. |R.L.1910, § 6267; Laws 1963, c. 134, § 1.
58 OK Stat § 58-175 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-175. Successive recoveries on the bond.

|The bond shall not be void upon the first recovery, but may be sued and recovered upon from time to time, by any person aggrieved, in his own name, until the whole penalty is exhausted. |R.L.1910, § 6268.
58 OK Stat § 58-176 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-176. Justification of sureties - Approval of bond - Examination 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 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. |R.L.1910, § 6269.
58 OK Stat § 58-177 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-177. Executor or administrator deposed when bond insufficient.

|If sufficient security be not given within the time fixed by the judge's order, the right of such executor or administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, must be appointed to the administration. |R.L.1910, § 6270.
58 OK Stat § 58-178 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-178. Bond waived by will.

|When it is expressly provided in the will that no bond shall be required of the executor, letters testamentary may issue and sales of real estate be made and confirmed without any bond, unless the court, for good cause, require one to be executed; but the executor may, at any time afterward, if it appears from any cause necessary or proper, be required to file a bond as in other cases. |R.L.1910, § 6271.
58 OK Stat § 58-179 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-179. Petition when bond insufficient - Further security.

|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 state, or that from any other cause the bond is insufficient, and ask that further security be required. |R.L.1910, § 6272.
58 OK Stat § 58-180 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-180. Issuance and service of citations.

|If the judge is satisfied that the matter requires investigation, a citation must be issued to the executor or administrator, requiring him to appear, at a time and place to be therein specified to show cause why he should not give further security. Notice of the citation together with a copy thereof must be mailed by certified mail to the executor or administrator and his attorney of record, if any, at least five (5) days before the return day. If he has absconded, or cannot be found, it may be served by leaving a copy of it at his last place of residence, or by such publication as the judge may order. |R.L.1910, § 6273; Laws 1969, c. 302, § 6, eff. Jan. 1, 1970.
58 OK Stat § 58-181 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-181. Hearing and order - New bond.

|On the return of the citation, or at such other time as the judge may appoint, he must proceed to hear the proofs and allegations of the parties. If it satisfactorily appears that the security is from any cause insufficient, he may make an order requiring the executor or administrator to give further security, or to file a new bond, in the usual form, within a reasonable time, not less than five (5) days. |R.L.1910, § 6274.
58 OK Stat § 58-182 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-182. Revocation of letters for failure to file new bond.

|If the executor or administrator neglects to comply with the order within the time prescribed, the judge must, by order, revoke his letters, and his authority must thereupon cease. |R.L.1910, § 6275.
58 OK Stat § 58-183 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-183. Suspension of powers and removal for failure to give bond or 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 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. |R.L.1910, § 6276.
58 OK Stat § 58-184 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-184. Bond insufficient - Citation on personal knowledge of 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. |R.L.1910, § 6277.
58 OK Stat § 58-185 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-185. Release, application by surety for - Issuance and service 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. |R.L.1910, § 6278; Laws 1913, c. 63, p. 100, § 1.
58 OK Stat § 58-186 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-186. Release allowed, when.

|If new sureties be given to the satisfaction of the judge, he may thereupon make and enter an order that the sureties who applied for relief shall not be liable on their bond for any subsequent act, default or misconduct of the executor or administrator. |R.L.1910, § 6279.
58 OK Stat § 58-187 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-187. Refusal to give new sureties - Revocation of letters.

|If the executor or administrator neglects or refuses to give new sureties, to the satisfaction of the judge, on the return of the citation, or within such reasonable time as the judge shall allow, unless the surety making the application shall consent to a longer extension of time, the judge must, by order, revoke his letters. |R.L.1910, § 6280.
58 OK Stat § 58-188 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-188. Hearings out of term time.

|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. |R.L.1910, § 6281.
58 OK Stat § 58-211 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-211. Special administrators appointed, when.

|When there is delay in granting letters testamentary, or of administration, from any cause, or when such letters are granted irregularly, or no sufficient bond is filed as required, or when no application is made for such letters, or when an administrator or executor dies, or is suspended, suspended partially, or removed, the judge of the district court may appoint a special administrator to collect and take charge of the estate of the decedent, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of the estate. |R.L. 1910, § 6282; Laws 1992, c. 395, § 5, eff. Sept. 1, 1992.
58 OK Stat § 58-212 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-212. How appointed - Notice.

|The appointment may be made without notice, and must be made by entry upon the minutes of the court specifying the powers to be exercised by the administrator. Upon such order being entered, and after the person appointed has given bond, the judge must issue letters of administration to such person, in conformity with the order in the minutes. |R.L.1910, § 6283. 9
58 OK Stat § 58-213 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-213. Preference.

|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. |R.L.1910, § 6284.
58 OK Stat § 58-214 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-214. Bond and oath of special administrator.

|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. |R.L.1910, § 6285; Laws 1953, p. 235, § 13.
58 OK Stat § 58-215 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-215. Duties of special administrator.

|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 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.R.L.1910, § 6286; Laws 1955, p. 299, § 2; Laws 1980, c. 201, § 1, eff. Oct. 1, 1980.
58 OK Stat § 58-216 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-216. Special administrator superseded by regular appointee.

|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. |R.L.1910, § 6287.