reglab/housing_qa huggingface dataset:
58 OK Stat § 58-353 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-353. Statement of claims.

|At the same term at which he is required to return his inventory, the executor or administrator must also return a statement of all claims against the estate which have been presented to him, if so required by the court; and from term to term thereafter he must present a statement of claims subsequently presented to him. In all such statements he must designate the names of the creditors, the nature of each claim, when it became due or will become due, and whether it was allowed or rejected by him. |R.L.1910, § 6358.
58 OK Stat § 58-354 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-354. Payment of interest-bearing claims not due.

|If there be any debt of the decedent bearing interest, whether presented or not, the executor or administrator may, by order of the district court, pay the amount then accumulated, and unpaid, or any part thereof, at any time when there are sufficient funds properly applicable thereto, whether said claim be then due or not; and interest shall thereupon cease to accrue upon the amount so paid. |R.L.1910, § 6359.
58 OK Stat § 58-380 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-380. Short title.

|This act shall be known and may be cited as the Probate Reform Act of 1979. |Laws 1979, c. 258, § 1, eff. Oct. 1, 1979.
58 OK Stat § 58-381 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-381. Property not exempt may be sold for debt.

|All the property of a decedent, except as otherwise provided for the homestead and personal property set apart for the surviving wife or husband and minor child or children, shall be chargeable with the payment of the debts of the deceased, the expenses of the administration, and the allowance to the family. And the property, personal and real, may be sold as the court may direct, in the manner hereinafter prescribed. There shall be no priority as between personal and real property for the above purposes. |R.L.1910, § 6360.
58 OK Stat § 58-382 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-382. Sales - Reports - Confirmation by court.

|Except as otherwise hereinafter provided, all sales must be reported under oath and confirmed by the court, before the title to the property sold passes. |R.L.1910, § 6361; Laws 1979, c. 258, § 2.
58 OK Stat § 58-383 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-383. Petition for orders for sale

|All petitions for orders of sale must be in writing, setting forth the facts showing the sale to be supported by good cause, and upon the hearing, any person interested in the estate may file his written objections, which must be heard and determined. A failure to set forth the facts showing the sale to be supported by good cause will not invalidate the subsequent proceedings, if the defect be supplied by the proofs at the hearing, and the general facts showing good cause be stated in the order directing the sale. |R.L.1910, § 6362; Laws 1976, c. 139, § 1, eff. Oct. 1, 1976.
58 OK Stat § 58-384 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-384. Order of sale - Requirements.

|When it appears to the court that there is good cause although the assets of the estate in personalty are sufficient to satisfy all obligations of the estate or that the estate is insolvent, or that it will require a sale of all the property of the estate of every character, chargeable therewith, to pay the family allowance, expenses of administration and debts, there need be but one petition filed, but one order of sale made and but one sale had, except in case of property, which may be sold as provided in Section 387 of this title. The district court, when a petition for the sale of any property, for any of the purposes herein named, is presented, must inquire fully into the probable amount required to make all such payments, and if there be no more estate chargeable therewith than sufficient to pay the same, may require but one proceeding for the sale of the entire available estate. In such case the petition must set forth all the facts required by Section 412 of this title. When the sale is sought, although assets of the estate in personalty are sufficient to satisfy all obligations of the estate, the court may allow the sale if satisfied that it is in the best interest of the estate. |R.L.1910, § 6363; Laws 1953, p. 237, § 23; Laws 1976, c. 139, § 2, eff. Oct. 1, 1976; Laws 1979, c. 258, § 3.
58 OK Stat § 58-385 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385. Authority to renew or extend mortgage or execute new mortgage.

|A. 1. The district court may, upon verified petition supported by sufficient evidence showing that the best interest of the owners of the real estate affected requires it, by order, grant authority to the administrators or executors of the estate of deceased persons or to the guardians of the estates of minors or incapacitated persons, to enter into contracts for and to renew or extend the time of payment of any mortgage, lien, or obligation which may by operation of law become a lien upon the real estate of the estate or ward, including homestead, or to execute a new mortgage for the purpose of paying off and securing the release of any such mortgage, lien, or obligation which may by operation of law become a lien; provided, in no case shall such authority be granted to mortgage, or contract for the renewal or extension of any mortgage, for an amount greater than may be necessary to pay an obligation which may by operation of law become a lien, or liens existing at the time an order is granted including principal, interest, taxes, and reasonable expenses as may be incident to perfecting the renewal, extension, or new mortgage. |2. The court, in its discretion, may grant authority to include in a renewal or new mortgage an amount sufficient to pay for necessary repairs on real estate when repairs are necessary for the preservation of the property.B. 1. The district court may, upon verified petition supported by sufficient evidence showing that the best interest of the affected owners of the real estate requires it, by order, grant authority to the guardians of the estates of incapacitated persons to execute a new mortgage known as a home equity conversion mortgage or rising debt loan for the purpose of meeting the requirements for the health and safety of the ward, obtaining necessary services to meet those requirements, and protecting the rights of the ward so as to maintain the ward in his or her residence; provided, in no case shall authority be granted to mortgage or contract for the renewal or extension of any mortgage for an amount greater than two-thirds (2/3) of the appraised value of the real property of the ward.2. The court, in its discretion, may grant authority to include in a renewal or new mortgage an amount sufficient to pay for necessary repairs on real estate when repairs are necessary for the preservation of the property.R.L.1910, § 6364. Amended by Laws 1913, c. 66, p. 103, § 1; Laws 1915, c. 11, § 1; Laws 1935, p. 7, § 1; Laws 1953, p. 237, § 24; Laws 1968, c. 154, § 1, operative Jan. 13, 1969; Laws 1998, c. 132, § 1, eff. Nov. 1, 1998.
58 OK Stat § 58-385.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385.1. Verified petition by guardian - Contents - Limitations.

|To obtain an order for mortgaging such real estate for the purpose and under the provisions hereof, the guardian must present a verified petition to the district court or to the judge thereof, setting forth a description of the property, real and personal, on hand and undisposed of, the legally established lien or the obligation which may by operation of law become a lien; the amount of the lien or the amount of the obligation which may by operation of law become a lien, the names and addresses of all parties interested in the estate of the minor, incompetent or mentally ill person, and the specific reasons why it will be to the best interest of the said estate to mortgage, rather than sell such real estate, or a part thereof. |Such authority shall not be given or order made therefor, and no mortgage on any real estate shall be made, given, executed or delivered under the provisions hereof, for an amount in excess of two-thirds (2/3) of the appraised value thereof, as established by an appraisal made by three disinterested citizens of the county within one (1) year of the time of making such order to mortgage.Laws 1968, c. 154, § 2, operative Jan. 13, 1969.
58 OK Stat § 58-385.2 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385.2. Hearing on guardian's petition - Notice.

|If it appears to the court, from such verified petition of the guardian, and the evidence that it is necessary and for the best interest of said estate to mortgage the whole of such real estate or any part thereof, including the homestead, for the purposes and reasons herein set forth, the court shall by order set a time for hearing the petition and shall give and issue notice thereof and cause copies of such notice to be mailed to each of the persons interested in the estate of said minor, incompetent or mentally ill person, at their last-known place of residence, at least ten (10) days prior to such hearing, and shall cause notice thereof to be published once each week for two (2) consecutive weeks in a newspaper in the county where said hearing is to be held prior to such hearing. The notice shall contain a description of the property sought to be mortgaged, the amount of the proposed mortgage and the purpose or purposes therefor. |Laws 1968, c. 154, § 3; Laws 1969, c. 302, § 11, eff. Jan. 1, 1970.
58 OK Stat § 58-385.3 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385.3. Order for guardian to borrow money, execute mortgage, etc. - Additional bond - Approval.

|Upon such hearing, if the court is satisfied that it is for the best interest of the estate and to the owners of such real estate he may make an order authorizing the guardian to borrow money, make, execute and deliver a note or notes therefor and to make, execute and deliver a real estate mortgage securing the same, in such amount, at such rate of interest and upon such terms and conditions as the court may prescribe and may, if he deems it advisable require an additional bond as in the case of the sale of real estate. After the order of the court authorizing the same is made, the guardian may make and execute the note or notes and mortgage and shall then present the same to the district court or judge thereof, who shall examine the same, and if they appear to be in conformity to law and the order of the court, the judge of the district court shall endorse his approval on the face of the mortgage. Thereafter the guardian may proceed to close the loan by receiving the funds so borrowed and by delivering the note or notes and mortgage. All such notes and mortgages shall be valid and binding obligations against the estate and against the real estate so mortgaged in accordance with the terms and conditions of such mortgage. |Laws 1968, c. 154, § 4, operative Jan. 13, 1969.
58 OK Stat § 58-385a (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385a. Borrowing money - Mortgage of estate realty - Grant of authority by district court.

|In addition to the grounds and reasons now set forth and provided by law for which the district court may grant authority to administrators or executors of the estates of deceased persons to mortgage, by contract, renewal or new mortgage, the real estate of such estates, the district court may, upon verified petition supported by sufficient evidence showing that the best interest of the owners of the real estate belonging to any such estate requires it, by an Order, grant authority to such administrators or executors to mortgage the real estate, or any part thereof, except the homestead, belonging to an estate of a deceased person for the purpose of borrowing or securing money and funds with which to pay off and discharge outstanding and unpaid debts against the estate of such deceased persons, legally ordered and unpaid family allowance and expenses and charges of administration, whether said property has or has not before that time been mortgaged by the decedent or by the administrator or executor of his estate. |Laws 1937, p. 2, § 1.
58 OK Stat § 58-385b (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385b. Petition - Contents - Time for filing - Limitations.

|To obtain an order for mortgaging such real estate for the purpose and under the provisions hereof, the administrator or executor must present a verified petition to the district court, or to the judge thereof, setting forth a description of the property, real and personal, on hand and undisposed of, the legally established debts outstanding and unpaid, the legally ordered family allowance due and unpaid, if any, the amount of the charges and expenses of administration, the names and addresses of the heirs, devisees and legatees of the decedent, and the specific reason why it will be to the best interest of said estate to mortgage, rather than to sell, such real estate or a part thereof. Such petition to mortgage shall not be filed and the authority therefor shall not be given or order therefor made, until after the time within which to present claims has expired. Such authority shall not be given or order made therefor, and no mortgage on any real estate shall be made, given, executed or delivered under the provisions hereof, for an amount in excess of two-thirds (2/3) of the appraised value thereof, as established by an appraisal made by three disinterested citizens of the county within one (1) year of the time of making such order to mortgage. |Laws 1937, p. 3, § 2; Laws 1953, p. 237, § 25.
58 OK Stat § 58-385c (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385c. Hearing on petition - Notice.

|If it appears to the court, from such verified petition and the evidence that it is necessary and for the best interest of said estate to mortgage the whole of such real estate or any part thereof, except the homestead, for the purposes and reasons herein set forth, the county judge of the district court shall by order set a time for hearing the petition and shall give and issue notice thereof and cause copies of such notice to be mailed to each of the heirs at law, devisees, and legatees of the decedent, whose addresses are known, at least fifteen (15) days prior to such hearing, and shall cause notice thereof to be published in a newspaper of general circulation in the county where said hearing is to be held for two (2) weeks in a weekly paper, or ten (10) days in a daily paper, prior to such hearing. The notice shall contain a description of the property sought to be mortgaged, the amount of the proposed mortgage and the purpose or purposes therefor. |Laws 1937, p. 3, § 3.
58 OK Stat § 58-385d (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-385d. Order to borrow money and mortgage realty - Execution of notes and mortgage - Additional bond.

|Upon such hearing, if the court is satisfied that it is for the best interest of the estate and to the owners of such real estate he may make an order authorizing the administrator or executor to borrow money, make, execute and deliver a note or notes therefor and to make, execute and deliver a real estate mortgage securing the same, in such amount, at such rate of interest and upon such terms and conditions as the court may prescribe and may, if he deems it advisable require an additional bond as in the case of the sale of real estate. After the order of the court authorizing the same is made, the administrator or executor may make and execute the note or notes and mortgage and shall then present the same to the district court who shall examine the same, and if they appear to be in conformity to law and the order of the court, the judge of the district court shall endorse his approval on the face of the mortgage. Thereafter the administrator or executor may proceed to close the loan by receiving the funds so borrowed and by delivering the note or notes and mortgage. All such notes and mortgages shall be valid and binding obligations against the estate and against the real estate so mortgaged in accordance with the terms and conditions of such mortgage. |Laws 1937, p. 3, § 4.
58 OK Stat § 58-386 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-386. Notice of hearing on petition.

|Upon the filing of the petition mentioned in Section 385 of this title, the judge of the district court shall set a time for the hearing of the same, and the administrator, executor or guardian shall cause notice thereof to be made by publication in a newspaper published, or of general circulation, in the county wherein such hearing is to be had. Said notice shall contain a description of the real estate sought to be mortgaged, and shall be published two (2) weeks in a weekly paper, or ten (10) days in a daily paper, prior to such hearing. |R.L.1910, § 6365; Laws 1913, c. 66, p. 104, § 2; Laws 1953, p. 238, § 26.
58 OK Stat § 58-387 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-387. What personal property may be sold without notice.

|A. At any time after receiving letters, the executor, administrator, or special administrator may sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to pay the allowance made to the family of the decedent without obtaining prior court authorization for sale, without filing a return of sale, and without obtaining court confirmation of sale. The sale may be made without notice. Title to such property shall pass to the purchaser thereof without approval or confirmation by the court of such sale. |B. Any sale of property made by an executor, administrator or special administrator of the property of a decedent pursuant to this section shall be reported in the accounting next filed by such executor, administrator or special administrator after the making of the sale. If the court determines the property sold was not perishable or was not otherwise likely to depreciate in value or would not have caused the estate of the decedent loss or expense if kept, or was not necessary to pay the allowance made to the family of the decedent, the executor, administrator or special administrator who made such sale shall not be surcharged or otherwise held liable with respect to such sale if he made a reasonable determination in good faith that the property sold was perishable, was otherwise likely to depreciate in value, would have caused the estate of the decedent to incur loss or expense if kept or the sale was necessary to pay the allowance made to the family of the decedent.R.L. 1910, § 6366; Laws 1953, p. 238, § 27; Laws 1979, c. 258, § 4, eff. Oct. 1, 1979; Laws 1992, c. 395, § 8, eff. Sept. 1, 1992.
58 OK Stat § 58-388 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-388. Sale of personalty.

|After appointment and qualification, the executor or administrator may apply for an order to sell personal property at either public auction or private sale. Upon filing his petition, notice must be mailed to all heirs, legatees and devisees whose addresses are known not less than ten (10) days prior to the hearing of the application. He may also make a similar application, from time to time, so long as any personal property remains in his hands. |R.L.1910, § 6367; Laws 1969, c. 302, § 12, eff. Jan. 1, 1970; Laws 1979, c. 258, § 5, eff. Oct. 1, 1979.
58 OK Stat § 58-389 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-389. Partnership interests, etc., may be sold.

|Partnership interests, or interests belonging to any estate by virtue of any partnership formerly existing, interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of any partnership interest, whether made to the surviving partner or to any other person, the judge must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the county and able to be present in court. |R.L.1910, § 6368.
58 OK Stat § 58-391.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-391.1. Notice of sale of personalty at public auction - Place of sale - Return of proceedings - Hearing.

|Notice of the sale of personal property at public auction shall be published one time at least ten (10) days prior to said sale, and a copy of the notice of said sale shall be mailed to all heirs, legatees and devisees whose addresses are known at least ten (10) days prior to said sale. Said notice shall contain a brief description of the personal property to be sold and the time and place of the sale. Public auction of such personal property shall be made either at the courthouse door, at the site of the personal property, at the residence of the decedent, or at some other public place, but no sale shall be made of any personal property which is not present at the time of the sale unless the court otherwise orders. The executor or administrator, after making a sale of personal property at public auction shall, except as provided in Section 387 of this title, file a sworn return of his proceedings in the court. The court shall fix the date for hearing such return and notice of said hearing shall be published one time at least ten (10) days prior to said hearing in the newspaper in the county and a copy of said notice shall be mailed to all heirs, legatees and devisees of the decedent whose addresses are known at least ten (10) days prior to said hearing. Said notice shall briefly describe the property sold, the sum for which it was sold, the name of the purchaser and shall refer to the return for further particulars. Upon hearing, the court shall examine the return and witnesses in relation to the same and on proper showing the court shall approve the sale. If such sale proceedings were unfair, or the sum bid disproportionate to the value of said personal property, the court shall vacate the sale and direct another to be had for which public notice must be given and the sale in all respects conducted as if no previous sale had taken place. |Laws 1979, c. 258, § 6, eff. Oct. 1, 1979; Laws 1980, c. 310, § 8, eff. Oct. 1, 1980.