reglab/housing_qa huggingface dataset:
58 OK Stat § 58-43 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-43. Witnesses on trial of contest - Depositions.

|If the will is contested, all the subscribing witnesses who are present in the county, and who are of sound mind, must be produced and examined; and the death, absence or insanity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses reside in the county, and are not present at the time appointed for proving the will, or although such witnesses reside in the county and are insane or incompetent, and such facts are first made to appear to the court, either in contested or noncontested will cases, the court may admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will and, as evidence of the execution, it may admit proof of the handwriting of the testator and of the subscribing witnesses, or any of them. Provided that when the testimony of any nonresident witness or witnesses residing out of the county wherein any will is sought to be admitted to probate, may be desired, touching the execution of such will, either in contested or noncontested will cases, it shall be lawful for the party seeking to have such will admitted to probate, or resisting the same in the district court, to cause the deposition of such witness to be taken in like manner, as now is or hereafter may be provided in civil cases; and the court may, in its discretion, direct the original of such will to be attached to any commission issued in such case; and the deposition of any such witness taken, certified and returned, according to law, shall be of like force and effect as if his testimony had been heard in the court; provided, that before any such original will shall be suffered to be attached to any such commission, a photostatic or certified copy thereof shall be made and examined, and certified by the judge to be a true copy of the original, and until the return of such original, such copy shall be retained in the office of the judge, in lieu of such original will; and if such will be admitted to probate, the same may, in case of the loss or destruction of the original thereof, be recorded from such certified copy. Provided, further, that in all cases where wills have heretofore been proved in substantial compliance with the provisions hereof, such proof is hereby validated. |R.L.1910, § 6212; Laws 1931, p. 6, § 1.
58 OK Stat § 58-44 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-44. Recording of testimony - Admissibility.

|The testimony of any witness or witnesses admitted at a hearing on a petition to probate a will shall be recorded in one of the following methods: |(a) filing with the court clerk a written summary of the testimony, subscribed and sworn to by each witness in the presence of a judge having jurisdiction of probate matters; or(b) having the testimony taken down verbatim in shorthand, stenotype, or any other method approved by the court; or(c) having the testimony recorded verbatim by a sound recorder approved by the court; or(d) having the testimony recorded verbatim by an official court reporter.If the testimony is recorded by one of the methods described in subdivisions (b) or (c), the same shall be transcribed, subscribed and sworn to by each witness, and filed with the court clerk. If the testimony is recorded by the method described in subdivision (d), the same shall be transcribed and certified by the official court reporter who took the testimony, and filed with the clerk of the court. Such evidence shall be admissible in any subsequent proceedings concerning the validity of the will, or the sufficiency of the proof if the subscribing witness is dead, or has permanently left this state.R.L. 1910, § 6213; Laws 1965, c. 340, § 1, emerg. eff. June 28, 1965; Laws 1974, c. 26, § 1, emerg. eff. April 11, 1974; Laws 1992, c. 395, § 4, eff. Sept. 1, 1992.
58 OK Stat § 58-51 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-51. Foreign wills recorded.

|Every will duly proved and allowed in any of the territories, or in any of the United States or the District of Columbia, or in any foreign country or state, may be allowed and recorded in the district court of any county in which the testator shall have left any estate, or any estate for which claim is made. |R.L.1910, § 6216.
58 OK Stat § 58-52 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-52. Petition - Hearing - Notice - Summary administration.

|A. When a copy of the will and the order or decree admitting same to probate, duly certified, shall be produced by the executor, or by any other person interested in the will, with a petition for letters, the same must be filed, and the court or judge must appoint a time for the hearing, notice whereof must be given as provided for an original petition for the probate of a will. |B. Regardless of the value of the estate, any will admitted to probate in another jurisdiction may be admitted to probate and administered under the procedures prescribed pursuant to Section 241 or 245 of this title.R.L. 1910, § 6217. Amended by Laws 1953, p. 233, § 5; Laws 1975, c. 265, § 1, eff. Oct. 1, 1975; Laws 1998, c. 359, § 4, eff. Nov. 1, 1998; Laws 2002, c. 468, § 77, eff. Nov. 1, 2002.
58 OK Stat § 58-53 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-53. Proof required.

|If, on the hearing, it appears upon the face of the record that the will has been proved, allowed and admitted to probate in any of the territories, or any state of the United States, the District of Columbia, or in any foreign country or state, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, be certified in like manner according to the facts, and recorded, and have the same force and effect as a will first admitted to probate in this state, and letters testamentary or of administration issued thereon. |R.L.1910, § 6218.
58 OK Stat § 58-61 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-61. Causes for contesting will after probate.

|When a will has been admitted to probate, any person interested therein may at any time within three (3) months from the date the will was admitted to probate contest the same or the validity of the will. For that purpose he must file in the court in which the will was proved a sworn petition in writing containing his allegations, that evidence discovered since the probate of the will, the material facts of which must be set forth, shows: |1. That a will of a later date than the one proved by the decedent, revoking or changing the will, has been discovered, and is offered; or2. That some jurisdictional fact was wanting in the probate; or3. That the testator was not competent, free from duress, menace, fraud, or undue influence when the will allowed was made; or 4. That the will was not duly executed and attested.R.L.1910, § 6219; Laws 1953, p. 233, § 6; Laws 1967, c. 10, § 1, emerg. eff. Feb. 20, 1967.
58 OK Stat § 58-62 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-62. Citations issued to whom.

|Upon filing the petition, a citation must be issued to the executors of the will, or to the administrators with the will annexed, and to all the legatees and devisees mentioned in the will, and heirs residing in the state, so far as known to the petitioner, or to their guardian, if any of them are minors or adjudicated incompetents, or their personal representatives, if any of them are dead, requiring them to appear before the court on some day therein specified, to show cause why the probate of the will should not be revoked. A copy of such citation shall be mailed to all such persons, nonresidents of the state, whose addresses are known to petitioner, at least ten (10) days before such hearing. |R.L.1910, § 6220; Laws 1953, p. 234, § 7.
58 OK Stat § 58-63 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-63. Petition and notices when another will offered.

|If another will be offered by the petition, it must show all that is required in the original case of a petition for the probate of a will, and notice must be given as required before the hearing of proof of any will originally: Provided, that such notice need not be given to any persons upon whom the citation required in the preceding section is to be served. |R.L.1910, § 6221; Laws 1969, c. 302, § 2, eff. Jan. 1, 1970.
58 OK Stat § 58-64 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-64. Hearing and judgment - New will, admitting to probate.

|At the time appointed for showing cause, or at any time to which the hearing is postponed, personal service of the citations having been made upon the persons named therein, and the required publication, posting and service of the notices having been made, and all duly proved, the court must proceed to try the issues joined in the same manner as in an original contest of a will. If upon hearing the proofs of the parties the court shall decide that the will is, for any of the reasons alleged, invalid, or that it is not proved to be the last will of the testator, the probate must be annulled and revoked; and if the court shall decide that the new will is valid, it may admit the same to probate in the same manner as originally upon the probate of a contested will. |R.L.1910, § 6222.
58 OK Stat § 58-65 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-65. Result of revocation.

|Upon the revocation being made, the powers of the executor or administrator with the will annexed, must cease; but such executor or administrator shall not be liable for any act done in good faith previous to the revocation. |R.L.1910, § 6223.
58 OK Stat § 58-66 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-66. Costs of contest.

|The fees and expenses must be paid by the party contesting the validity or probate of the will, if the will in probate be confirmed. If the probate be annulled and revoked, the costs must be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs. |R.L.1910, § 6224.
58 OK Stat § 58-67 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-67. Probate conclusive, when.

|If no person, within three (3) months after the admission to probate of a will, contests the same or the validity thereof, the probate of the will is conclusive, saving to infants and persons of unsound mind, a period of one (1) year after their respective disabilities are removed. |R.L.1910, § 6225. Amended by Laws 1951, p. 161, § 1; Laws 1965, c. 156, § 1.
58 OK Stat § 58-81 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-81. Proceedings in case of lost will.

|Whenever any will is lost or destroyed, the court must take proof of the execution and validity thereof and establish the same, notice to all heirs, legatees and devisees being first given, as prescribed in regard to proofs of wills in other cases. All the testimony given must be reduced to writing, signed by the witnesses, filed and preserved. |R.L.1910, § 6226; Laws 1953, p. 234, § 8; Laws 1969, c. 302, § 3, eff. Jan. 1, 1970.
58 OK Stat § 58-82 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-82. Special requisites of proof.

|No will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the time of the death of the testator or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses. For purposes of this section, a copy of the alleged lost or destroyed will can be admitted into evidence, whether or not the copy reflects the signature or signatures appearing on the original will, if the copy is properly identified, and the court shall determine what probative value, if any, is to be assigned to such copy. |R.L. 1910, § 6227; Laws 1993, c. 345, § 6, eff. Sept. 1, 1993.
58 OK Stat § 58-83 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-83. Court's certificate - Filing - Letters testamentary.

|When a lost or destroyed will is established, the provisions thereof must be distinctly stated and certified by the judge of the district court, under his hand and the seal of the court, and the certificate must be filed and recorded as wills are filed and recorded, and letters testamentary or of administration with the will annexed, must be issued thereon in the same manner as upon wills produced and duly proved; if the court has admitted into evidence a copy of the lost or destroyed will and finds that the copy distinctly states the provisions of the will, the court may certify the copy of the will as distinctly stating the provisions of the will; the testimony must be reduced to writing; signed, certified and filed as in other cases, and shall be admissible as evidence in any subsequent proceeding. |R.L. 1910, § 6228; Laws 1993, c. 345, § 7, eff. Sept. 1, 1993.
58 OK Stat § 58-84 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-84. Restraint of former administration.

|If before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, or letters testamentary of any previous will of the testator are granted, the court may restrain the administrators or executors so appointed from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will. |R.L.1910, § 6229.
58 OK Stat § 58-91 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-91. Nuncupative wills, how proved.

|Nuncupative wills may, at any time within six (6) months after the testamentary words are spoken by the decedent, be admitted to probate on petition and notice as provided for the probate of wills executed in writing. The petition, in addition to the jurisdictional facts, must allege that the testamentary words, or the substance thereof, were reduced to writing within thirty (30) days after they were spoken, which writing must accompany the petition. |R.L.1910, § 6230.
58 OK Stat § 58-92 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-92. Nuncupative wills - Special requirements.

|The district court must not receive or entertain a petition for the probate of a nuncupative will until the lapse of fourteen (14) days from the death of the testator, nor must such petition be at any time acted on, unless the testamentary words are or their substance is, reduced to writing and filed with the petition, nor until the surviving husband or wife, if any, and all other persons resident in the state or county, interested in the estate, are notified, as provided herein. |R.L.1910, § 6231.
58 OK Stat § 58-93 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-93. Proceedings in contest.

|Contests of the probate of nuncupative wills and appointments of executors and administrators of the estate devised thereby must be had, conducted and made as hereinbefore provided in cases of the probate of written wills: Provided, that double the period allowed for the petition of revocation of the probate of a written will shall be allowed in which to petition for the revocation and annulling of the nuncupative will. |R.L.1910, § 6232.
58 OK Stat § 58-101 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-101. Letters to issue to executor or successor in interest of corporate executor.

|The court admitting a will to probate after the same is proved and allowed, must issue letters thereon to the persons named therein as executors, and in the case of a corporate executor, to the successor in interest of the corporate executor, who are competent to discharge the trust, who must appear and qualify unless objections be made as provided in Section 104 of this title. Provided, a successor in interest shall include a judicially ordered successor in the event of an assumption by a financial institution of fiduciary accounts for all trusts in existence on the date of the assumption, together with those testamentary trusts which come into existence after the date of assumption. |Amended by Laws 1988, c. 319, § 3, eff. Nov. 1, 1988.
58 OK Stat § 58-102 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-102. Who incompetent as executor.

|No person is competent to serve as executor who at the time the will is admitted to probate 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 and integrity.R.L.1910, § 6234.
58 OK Stat § 58-103 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-103. Failure of executors.

|If the sole executor or all the executors are incompetent, or renounce or fail to apply for letters, or to appear and qualify, letters of administration with the will annexed must be issued. |R.L.1910, § 6235.
58 OK Stat § 58-104 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-104. Objections to issue of letters - Letters of administration with will annexed.

|Any person interested in a will may file objections in writing, to granting letters testamentary to the persons named as executors, or any of them; and the objections must be heard and determined by the court. A petition may at the same time, be filed for letters of administration, with will annexed. |R.L.1910, § 6236.
58 OK Stat § 58-105 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-105. Death of an executor.

|No executor of an executor shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the estate of the first testator, left unadministered, must be issued. |R.L.1910, § 6237.
58 OK Stat § 58-106 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-106. Executor disqualified by absence or minority.

|Where a person absent from the state, or a minor, is named executor, and there is another executor who accepts the trust and qualifies, the latter may have letters testamentary and administer the estate until the return of the absentee, or the majority of the minor, who may then be admitted as joint executor. If there is no other executor, letters of administration with the will annexed, must be granted; but the court may, in its discretion, revoke them on the return of the absent executor, or the arrival of the minor at the age of majority. |R.L.1910, § 6238.
58 OK Stat § 58-107 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-107. Two or more personal representatives.

|A. When all the executors named are not appointed by the court, those appointed have the same authority to perform all the acts and discharge the trust required by the will, as effectually for every purpose as if all were appointed and should act together. |B. When there are two personal representatives:1. if one of such personal representatives is laboring under any legal disability from serving, the act of the other shall be effectual; or2. if one of such personal representatives has given his copersonal representative authority, in writing, to act for both, the act of the copersonal representative having such authority in writing shall be effectual.C. When there are more than two personal representatives, the act of a majority of them is valid.Amended by Laws 1988, c. 329, § 129, eff. Nov. 1, 1988.
58 OK Stat § 58-108 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-108. Presumed renunciation of executorship.

|If the person named in a will as executor, for thirty (30) days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the court may appoint any other competent person administrator, unless good cause for delay is shown. |R.L.1910, § 6240.
58 OK Stat § 58-109 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-109. Administrators with will annexed - Authority - Letters.

|Administrators with the will annexed have the same authority over the estates which executors named in the will would have, and their acts are effectual for all purposes. Their letters must be signed by the judge of the district court, and bear the seal thereof. |R.L.1910, § 6241.
58 OK Stat § 58-110 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-110. Form of letters testamentary.

|Letters testamentary must be substantially in the following form: |State of Oklahoma,County of ______.The last will of A B, deceased, having been proved and recorded in the county court of the county of ______, C D, who is named therein, is hereby appointed executor.Witness G H, judge of the county court of the county of ______, with the seal of the court affixed the ______ day of ______ A. D., 19__.R.L.1910, § 6242; Laws 1953, p. 234, § 10.
58 OK Stat § 58-111 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-111. Letters of administration with will annexed, form of.

|Letters of administration with will annexed must be substantially in the following form: |State of Oklahoma,County of ______.The last will of A B, deceased having been proved and recorded in the county court of the county of ______ and there being no executor named in the will (or, as the case may be,) C D is hereby appointed administrator, with the will annexed.Witness G H, judge of the county court of the county of ______, with the seal of the court affixed, the ______ day of ______ A. D., 19__.R.L.1910, § 6243; Laws 1953, p. 234, § 11.
58 OK Stat § 58-121 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-121. Letters of administration.

|Letters of administration must be signed by the judge, under the seal of the court, and substantially in the following form: |State of Oklahoma,County of ______C D is hereby appointed administrator of the estate of A B, deceased.Witness G H, judge of the county court of the county of ______, with the seal thereof affixed, the ______ day of ______ A. D., 19__. (Seal and the official signature of the judge.)R.L.1910, § 6244.
58 OK Stat § 58-122 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-122. Persons entitled to letters of administration.

|Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are respectively entitled thereto in the following order: |1. The surviving husband or wife, or some competent person whom he or she may request to have appointed.2. The children.3. The father or mother.4. The brothers or sisters.5. The grandchildren.6. The next of kin entitled to share in the distribution of the estate.7. The creditors.8. Any person legally competent.If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate.R.L.1910, § 6245; Laws 1961, p. 440, § 1.
58 OK Stat § 58-123 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-123. Preferences.

|Of several persons claiming and equally entitled to administer, relatives of the whole blood must be preferred to those of the half blood. |R.L.1910, § 6246; Laws 1961, p. 440, § 2.
58 OK Stat § 58-124 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-124. Where several equally entitled - Creditors.

|When there are several persons equally entitled to the administration, the court may grant letters to one or more of them; and when a creditor is claiming letters, the court may, in its discretion, at the request of another creditor, grant letters to any other person legally competent. |R.L.1910, § 6247.
58 OK Stat § 58-125 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-125. Letters to guardian of minor entitled.

|If any person entitled to administration is a minor, letters must be granted to his or her guardian, or any other person entitled to letters of administration, in the discretion of the court. |R.L.1910, § 6248.