reglab/housing_qa huggingface dataset:
58 OK Stat § 58-263 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-263. Conducting going business.

|The executor or administrator shall have the power, where authorized by order of the district court, to take charge of, conduct and continue any going business, enterprise or manufactory of a deceased person, when the same has not been disposed of by will, and where it is not necessary that the same be sold at once for the payment of debts; and shall have the right to borrow money and incur indebtedness in the conduct, or continuation of such business. Before such business, manufactory or enterprise shall be continued, the executor or administrator shall take into consideration the condition of the estate and the necessity that may exist for the future sale of said property for the payment of claims or legacies; and the time for conducting such enterprise, business or manufactory shall not extend the time beyond what may be considered by the court a reasonable time for the settlement of the estate of the deceased; provided, however, that before any executor or administrator shall continue such enterprise, business or manufactory, or incur any indebtedness in the conduct of such enterprise, business or manufactory, he shall first present to the district court a petition showing that it is to the best interest of the estate of the decedent that such enterprise, business or manufactory be continued, and the continuation of such business, enterprise or manufactory must first be approved by the judge of the district court having jurisdiction of the settlement of the estate of the deceased. |Laws 1921, c. 54, p. 74, § 1.
58 OK Stat § 58-264 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-264. Borrowing money to pay taxes - Mortgage or pledge of assets.

|Executors and administrators of estates of deceased persons are authorized to borrow money with which to pay the taxes imposed and levied by the: |(a) United States upon the transfer of the net estates of decedents who are citizens and residents of the United States,(b) State of Oklahoma upon the transfer of the net estate of decedents by will or the intestate laws of Oklahoma,(c) United States and the State of Oklahoma upon the income of such estates and of the decedents,and to mortgage or pledge any of the assets of the estate as security for any such loan. Said executors and administrators are authorized to borrow money to pay any indebtedness incurred on behalf of the estate for such purposes and to mortgage or pledge any of the assets of the estate as security for any such loan.Laws 1941, p. 230, § 1.
58 OK Stat § 58-265 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-265. Approval of contract by judge of district court - Procedure - Limitation to two thirds of appraised value, exception as to.

|Any contract for the borrowing of money or the mortgaging or pledging of the assets of the estate for any of the purposes stated in Section 264 of this title must have the approval of the judge of the district court having jurisdiction of the settlement of the estate and the procedure therefor shall be the same procedure as that provided for in Sections 385-b (as amended), 385-c, and 385-d of this title, except that personal property may be mortgaged or pledged as security for such indebtedness without limitation to two-thirds (2/3) of the appraised value thereof. |Laws 1941, p. 230, § 2; Laws 1953, p. 235, § 15.
58 OK Stat § 58-266 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-266. Renewal or extension of time of payment.

|The judge of the district court may authorize executors or administrators to enter into contracts for and to renew or extend the time of payment of any indebtedness incurred under this act. |Laws 1941, p. 231, § 3.
58 OK Stat § 58-267 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-267. Validation of prior contracts.

|All contracts for the borrowing of money and giving of security heretofore made by any executor or administrator for any of the purposes stated in Section 1 of this act and approved by the judge of the district court having jurisdiction of the settlement of the estate, where the money was actually used for any of such purposes, are hereby declared valid. |Laws 1941, p. 231, § 4.
58 OK Stat § 58-268 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-268. Action against nonprobate beneficiaries for state and federal estate tax - Notice - Costs and attorney fees.

|For property other than the probate estate passing directly upon the death of a decedent to another, by law, the executor or administrator of the estate of the decedent shall have the authority to bring an action in the district court having jurisdiction of the probate estate for the collection of any of the state or federal estate tax due and owing by the nonprobate beneficiaries after ten (10) days following service of notice by such executor or administrator upon such nonprobate beneficiary before suit is filed. Such notice shall state the amount of federal or state tax due to the executor or administrator by the nonprobate beneficiary. In such actions, the court costs and reasonable attorney fees may be assessed in favor of the prevailing party. |Added by Laws 1990, c. 153, § 1, operative July 1, 1990.
58 OK Stat § 58-269 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-269. Executor or administrator - Powers.

|The executor or administrator of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social networking website, any microblogging or short message service website or any e-mail service websites. |Added by Laws 2010, c. 181, § 1, eff. Nov. 1, 2010.
58 OK Stat § 58-281 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-281. Inventory of estate.

|A. A personal representative shall, unless ordered otherwise by the court, make and return to the court an inventory and/or an appraisement of the estate of the decedent, which has come to his possession or knowledge, designating the homestead and exempt personal property as provided by law, within two (2) months from the date of the order of his appointment. The time to file an inventory and/or appraisement may be extended by the court for good cause shown. |B. The personal representative may fulfill the appraisement requirement by stating his opinion of the value of the estate described in the inventory.C. The court must order the inventory and/or an appraisement upon presentation of a written demand by any heir, devisee, legatee, a creditor having filed a claim, guardian, conservator, guardian ad litem, or other person having an interest in the estate. If so ordered, the appraisement shall be made by appraisers appointed, sworn and acting as provided by Section 282 of Title 58 of the Oklahoma Statutes.R.L. 1910, § 6313. Amended by Laws 1953, p. 235, § 16; Laws 1980, c. 310, § 3, eff. Oct. 1, 1980; Laws 1985, c. 199, § 1, eff. Nov. 1, 1985; Laws 1998, c. 225, § 1, eff. Nov. 1, 1998.
58 OK Stat § 58-282 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-282. Appraisement.

|To make the appraisement, the judge must appoint three disinterested persons, any two of whom may act, who are entitled to receive a reasonable compensation for their services, not to exceed Seventy-five Dollars ($75.00) per day, except upon order of the court. The appraisers must, with the inventory, file a verified account of their services and disbursements. If any part of the estate is in any other county, the same appraisers may proceed to view and appraise the same, or other appraisers in that county may be appointed to perform that duty, by the judge of the district court of the county in which the letters were issued, as he may deem best; and the like report must be made in each case direct to the district court of the county which issued the letters. |Amended by Laws 1988, c. 59, § 1, emerg. eff. March 25, 1988.
58 OK Stat § 58-282.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-282.1. Release of real estate tax liability - Request - Notice and hearing - Determination - Order.

|If it appears there is no possibility that estate tax is due under the provisions of Sections 801 et seq. of Title 68, the executor or administrator of an estate or a surviving joint tenant or remainderman may request the district court to enter an order releasing estate tax liability. Such request may be included in a petition for distribution, in a petition to judicially determine the death of a joint tenant or life tenant or may be made by separate petition. Such request shall be set for hearing and notice thereof shall be given by certified mail to the Tax Commission at least thirty (30) days before the hearing. The notice shall have attached thereto a statement, verified by the requesting party, containing the description of the property claimed not to be subject to taxation, the recipient thereof, their relationship to the deceased, and an estimate of the value of the property. The Tax Commission may appear at such hearing to object to the issuance of such order, or may file a written objection with the court. If the court finds that no possibility of tax liability exists under the provisions of Sections 801 et seq. of Title 68, it shall issue an order releasing estate tax liability as to the property described in the notice. Such order shall have the same legal effect as a release or waiver from the Tax Commission, and shall be a final order on the issue of estate tax liability of such estate as to the property described in the notice and order. If the court finds there is a possibility that tax liability exists, it shall refer such matter to the Tax Commission and the determination of tax liability or absence thereof shall proceed as in other cases. For deaths occurring on or after January 1, 2010, no release of estate tax liability is necessary pursuant to Section 5 of this act. |Added by Laws 1980, c. 286, § 6, eff. Oct. 1, 1980. Amended by Laws 2010, c. 436, § 1, eff. July 1, 2010.
58 OK Stat § 58-283 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-283. Oath of appraisers - Their duties.

|Before proceeding to the execution of their duty, the appraisers must take and subscribe an oath, to be attached to the inventory, that they will truly, honestly and impartially appraise the property exhibited to them, according to the best of their knowledge and ability. They must then proceed to estimate and appraise the property; each article must be set down separately with the value thereof in dollars and cents, in figures, opposite to the articles respectively; the inventory must contain all of the estate of the decedent, real and personal, a statement of all debts, partnerships and other interests, bonds, mortgages, notes and other securities for the payment of money belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, the endorsements thereon, if any, with their dates and the sum which, in the judgment of the appraisers, may be collected on each debts, interest or security. |R.L.1910, § 6315; Laws 1953, p. 235, § 18.
58 OK Stat § 58-284 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-284. Inventory to contain account of monies - Appraisement unnecessary, when.

|The inventory must also contain an account of all monies belonging to the decedent, which have come to the hands of the executor or administrator, and if none, the fact must be so stated in the inventory. If the whole estate consists of money, there need not be an appraisement, but an inventory must be made and returned as in other cases. |R.L.1910, § 6316.
58 OK Stat § 58-285 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-285. Executor liable for debt to decedent.

|The naming of a person as executor does not thereby discharge him from any just claim which the testator has against him, but the claim must be included in the inventory, and the executor is liable for the same, as for so much money in his hands, when the debt or demand becomes due. |R.L.1910, § 6317.
58 OK Stat § 58-286 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-286. Bequest to executor or another debtor of his debt.

|The discharge or bequest in a will of any debt or demand of the testator against the executor named, or any other person, is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It must be included in the inventory, and, if necessary, applied in the payment of the debts. If not necessary for that purpose, it must be paid in the same manner and proportion as other specific legacies. |R.L.1910, § 6318.
58 OK Stat § 58-287 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-287. Return of inventory.

|The inventory must be signed by the appraisers, and the executor or administrator must take and subscribe an oath, before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and possession, and particularly of all money belonging to the decedent, and of all just claims of the decedent against the affiant. The oath must be endorsed upon or annexed to the inventory. |R.L.1910, § 6319.
58 OK Stat § 58-288 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-288. Refusal to return inventory - Penalty - Revocation of letters.

|If an executor or administrator neglects or refuses to return the inventory within the time prescribed, or within such further time, not exceeding two (2) months, as the judge shall, for a reasonable cause allow, the court may, upon notice, revoke the letters testamentary or of administration, and the executor or administrator is liable on his bond for any injury to the estate, or any person interested therein, arising from such failure. |R.L.1910, § 6320.
58 OK Stat § 58-289 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-289. Additional inventory.

|Whenever property not mentioned in an inventory that is made and filed, comes to the possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed in this article, and an inventory thereof to be returned within two (2) months after the discovery; and the making of such inventory may be enforced, after notice, by attachment or removal from office. |R.L.1910, § 6321.
58 OK Stat § 58-290 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-290. Rights and duties of representative - Possession of property - Homestead - Heirs, actions by.

|The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate, except the realty and improvements thereon properly belonging to the homestead, and such personal property as is reserved by law to the widow and children of the decedent, or either of them until the estate is settled or delivered over by order of the district court to the heirs or devisees; and he must keep in good tenantable repair all houses, buildings, and fixtures thereon, which are under his control. The heirs or devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real estate, or for the purpose of quieting title to the same, against anyone except the executor or administrator. |R.L.1910, § 6322.
58 OK Stat § 58-292 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-292. Embezzlement before issue of letters - Civil liability - Exemption for financial institutions with valid security interests.

|A. If any person, before the granting of letters testamentary or of administration, embezzles or alienates any of the monies, goods, chattel or effects of a decedent, the person is chargeable therewith, and liable to an action by the executor or administrator of the estate, for double the value of the property so embezzled or alienated, to be recovered for the benefit of the estate. |B. This section, however, shall not apply to any financial institution which has a valid security interest in the goods or chattel of the decedent and which has commenced or is about to commence repossession of the decedent’s goods and chattel after default. The financial institution shall use diligent efforts to notify the heirs and personal representative of the decedent, by certified mail return receipt requested, of the repossession. The notice to the heirs and personal representative shall contain the amount of the debt secured by the goods or chattel as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing the collateral for disposition, in arranging for the sale, and, to the extent provided in the agreement and not prohibited by law, their reasonable attorneys’ fees and legal expenses. After receipt of the notice, the heirs and personal representative shall have twenty (20) days to redeem the goods or chattel by tendering to the secured party the full amount listed in the notice. If there are no heirs and personal representative, or if the notice to the heirs and personal representative by certified mail is returned undelivered, then the secured party may dispose of the repossessed goods or chattel as soon as practicable.R.L.1910, § 6324. Amended by Laws 2001, c. 220, § 1, eff. Nov. 1, 2001.
58 OK Stat § 58-293 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-293. Complaint on embezzlement - Citation.

|If any executor, administrator, or other person interested in the estate of a decedent, complains to the district court, on oath, that any person is suspected to have concealed, embezzled, smuggled, conveyed away, or disposed of any monies, goods or chattels of the decedent, or has in his possession or knowledge, any deeds, conveyances, bonds, contracts, or other writings which contain evidences of, or tend to disclose the right, title, interest or claim of the decedent to any real or personal estate, or any claim or demand, or any lost will, the judge may cite such person to appear before the district court, and may examine him, on oath, upon the matter of such complaint, if he can be found in the state. But if cited from another county, and he appears and is found innocent, his necessary expenses must be allowed him out of the estate. |R.L.1910, § 6325.
58 OK Stat § 58-294 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-294. Trial and judgment.

|If the person so cited refuses to appear and submit to an examination, or to answer such interrogatories as may be put to him touching the matters or the complaint, the court may, by warrant for that purpose, commit him to the county jail, there to remain in close custody until he submits to the order of the court or is discharged according to law. If, upon such examination, it appears that he has concealed, embezzled, smuggled, conveyed away, or disposed of any monies, goods or chattels of the decedent, or that he has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings, tending to disclose the right, title, interest or claim of the decedent to any real or personal estate, claim or demand, or any lost will of the decedent, the district court may make an order requiring such person to disclose his knowledge thereof to the executor or administrator, and may commit him to the county jail, there to remain until the order is complied with, or he is dischared according to law; and all such interrogatories and answers must be in writing, signed by the party examined, and filed in the district court. The order for such disclosure made upon such examination is prima facie evidence of the right of such administrator to such property in any action brought for the recovery thereof, and any judgment recovered therein by the administrator must be for double the value of the property as assessed by the court or jury in such action; or for return of the property and damages in addition thereto equal to the value of such property. In addition to the examination of the party, witnesses may be produced and examined on either side. |R.L.1910, § 6326.
58 OK Stat § 58-295 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-295. Account by third person entrusted with property.

|The judge of the district court, upon the complaint, on oath, of any executor oradministrator, may cite any person who has been entrusted with any part of the estate of the decedent, to appear before such court, and require him to render a full account, on oath, of any monies, goods, chattels, bonds, accounts, or other property or papers belonging to the estate which have come to his possession in trust for the executor or administrator, and of proceedings thereon; and if the person so cited refuses to appear and render such account, the court may proceed against him as provided in the preceding section. |R.L.1910, § 6327.
58 OK Stat § 58-311 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-311. Property to be delivered to the family - Homestead.

|Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution. And in addition thereto, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely: |1. All family pictures.2. A pew or other sitting in any house of worship.3. A lot or lots in any burial ground.4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).5. All wearing apparel and clothing of the decedent and his family.6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year.7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding.No such property shall be liable for any prior debts or claims whatever.R.L.1910, § 6328; Laws 1947, p. 345, § 1; Laws 1953, p. 236, § 19.
58 OK Stat § 58-312 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-312. Exempt property also allowed family.

|In addition to the property mentioned in the preceding section, there shall also be allowed and set apart to the surviving wife or husband, or the minor child or children of the decedent, all such personal property or money as is exempt by law from levy and sale on execution or other final process from any court, to be, with the homestead, possessed and used by them, and no such property shall be liable for any prior debts or claims against the decedent, except, when there are no assets thereunto available, for the payment of the necessary expenses of his last illness, funeral charges and expenses of administration. |R.L.1910, § 6329; Laws 1953, p. 236, § 20.
58 OK Stat § 58-313 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-313. Homestead exempt from debt or liability.

|The homestead is not subject to the payment of any debt or liability contracted by or existing against the husband and wife, or either of them, previous to or at the time of the death of such husband or wife, except such as are secured by lien thereon, as provided in the laws relating to homesteads. |R.L.1910, § 6330.