reglab/housing_qa huggingface dataset:
58 OK Stat § 58-925 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-925. Order of court authorizing lease - Public auction - Notice.

|Upon the filing of said petition mentioned in the preceding section, the court in its discretion and upon showing of benefit to the estate of said decedent or ward, shall make an order authorizing and directing said administrator, executor or guardian to sell a lease upon the lands therein described for oil and gas or other mining purposes, said sale to be at public auction to the highest bidder for cash and to be held in the courtroom of said court not less than five (5) days from the making of said order. Notice of such sale shall be given at least five (5) days before said sale by publication one time in a newspaper in said county, and where the lands involved belong to the estate of a deceased person, by mailing to the heirs of such deceased person, if their post office addresses be known. And if the lands to be leased are situated in any other county than that in which the probate proceeding is pending, then such notices as provided above for such period of time and place shall be published also in the county of the location of the lands. |Laws 1937, p. 4, § 2; Laws 1941, p. 234, § 1; Laws 1969, c. 302, § 31, eff. Jan. 1, 1970.
58 OK Stat § 58-926 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-926. Sale of lease to highest bidder - Return of sale - Confirmation and approval by district court.

|On the date and at the place specified in the notice for the sale of said oil and gas or other mineral lease, said administrator, executor, or guardian shall offer said lease for sale at public auction and sell the same to the highest bidder for cash, and shall thereupon file a return of sale showing the land upon which said lease was sold, the term of years thereof, the name of the purchaser, and the amount for which the same was sold, and attach to the return a copy of the form of lease proposed to be executed, which return shall thereupon, without further notice, be heard by the district court, and if the court finds that said sale was properly conducted as herein provided, and that the price bid for said lease was not disproportionate to the value thereof, said sale shall be confirmed and said administrator, executor or guardian authorized and directed to execute and deliver said lease, and when said lease is executed the judge of the district court shall endorse his approval thereon. |Laws 1937, p. 4, § 3.
58 OK Stat § 58-927 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-927. Validation of prior leases.

|Any proceedings heretofore, and since April 24, 1935, had in any district court in connection with the sale and execution of an oil, gas or other mineral lease by an administrator, executor or guardian, and any such lease sold and executed in pursuance thereof, which proceedings and lease are in substantial conformity herewith, are hereby declared to be valid the same as if this act had been in force at the date of said proceedings and lease. |Laws 1937, p. 5, § 4.
58 OK Stat § 58-928 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-928. Unitizing with adjacent lands.

|Administrators and executors of the estates of deceased persons and the guardians of the estates of minors and incompetents where such estates include lands, or mineral interests therein, leased for oil and gas purposes are hereby authorized, with the approval of the district court having jurisdiction of the estate involved, to enter into agreements unitizing any part or all of such lands or mineral interests with adjacent lands so that the entire unitized tract may be developed and operated thereafter as a unit for the production of oil and gas, or either of them. |Laws 1945, p. 187, § 1.
58 OK Stat § 58-928.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-928.1. Oil and gas leases having a bonus value not exceeding One Hundred Fifty Dollars - Sale of.

|Every court-appointed conservator, administrator, executor or guardian of an estate shall have authority to execute all instruments of conveyance of an oil and gas lease on property of the estate in his trust without notice or court proceedings other than approval of the conveyance by the judge of the court having jurisdiction of the proceeding endorsed on the instrument of conveyance with a finding by the court that the bonus value of the lease does not exceed Five Hundred Dollars ($500.00). |Laws 1974, c. 294, § 1; Laws 1979, c. 258, § 13, emerg. eff. June 5, 1979.
58 OK Stat § 58-929.1 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-929.1. Sales and agreements by administrators and executors - Approval.

|Administrators and executors of the estates of deceased persons and guardians of the estates of minors and incompetents are hereby authorized to sell, as hereinafter provided, oil and gas and mineral leaseholds, or any part hereof, owned by the estate of said deceased person, or by said minor or incompetent and, in connection with said sale, or independently thereof, to enter into transactions and to execute all instruments necessary or advantageous to the estate of said decedent or ward in the operation or development of any oil and gas and mineral leasehold, or any part thereof, owned by the estate of said decedent or ward, including but not limited to joint operating agreements, unitization agreements, repressuring agreements and water-flooding agreements. The term "sale" as used in this act shall not be limited to sales for a cash consideration but may include sales made in consideration of a drilling obligation, oil payment, overriding royalty, exchange of oil and gas and mineral leaseholds, or such other consideration as the court shall find to be for the best interest of the estate of said decedent or ward. All such sales and agreements shall be subject to the approval of the district court in which said administration or guardianship proceedings are pending. If the will of any such deceased person empowers the executor to sell real property, it shall not be necessary for the executor, or the administrator with the will annexed, to comply with this act; but in such case the sales and agreements authorized by this act shall be deemed to be sales of property and subject to the provision of Section 462 of Title 58, Oklahoma Statutes 1961. |Laws 1955, p. 304, § 1; Laws 1961, p. 442, § 1; Laws 1965, c. 272, § 1, emerg. eff. June 23, 1965.
58 OK Stat § 58-929.2 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-929.2. Filing of verified applications for approval - Contents.

|The executor or administrator or guardian after having negotiated the sale of any such leasehold estate or interest therein, or after having entered into any agreement, as authorized in Section One (1) of this act, shall file with the court a verified application for the approval of such sale or agreement. An application for the approval of a sale shall set forth the interest of the estate of said decedent or ward in said leasehold as nearly as same can be determined, the lands covered thereby, the part of or interest in said leasehold being sold, the name of the purchaser, the consideration for the sale, and shall allege that the sale is for the best interest of the estate of said decedent or ward. A copy of the lease or leases and the proposed assignment or conveyance thereof shall be attached to the application. An application for the approval of an agreement shall set forth the interest of the estate of said decedent or ward in the leasehold, the lands covered thereby, a brief statement of the purpose of said agreement and the part of or interest in said leasehold covered thereby, and shall allege that said agreement is for the best interest of the estate of said decedent or ward. A copy of the agreement shall be attached to said application. Where both a sale and agreement or agreements pertain to the same leaseholds, or are the result of the same transaction, a single application may be filed. Upon the filing of any such application the court must fix a day for hearing same pursuant to notice as provided in Section Three (3) of this act. |Laws 1955, p. 304, § 2.
58 OK Stat § 58-929.3 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-929.3. Notice of hearing an application - Lands in other counties.

|Notice of the hearing of an application for approval of any such sale or agreement, or both, shall set forth the date and place of hearing said application, the purpose of said hearing, contain a description of the land involved and refer to the application for further particulars. Ten (10) days prior to the hearing date, notice thereof, together with a copy of the application and all exhibits thereto, shall be mailed to the heirs, devisees and legatees of such deceased person or to the next of kin of said minor or incompetent. Notice shall also be given by publication one time in a newspaper in said county. If the leasehold or interest therein to be sold or included in an agreement covers lands situated in any county other than that in which the probate proceeding is pending, then such notice shall also be given in the county where said lands are located in the same manner and for such period of time as provided above. Proof that notice has been given as herein required shall be filed with the court. Notice by publication required herein may be waived by the court for good cause shown. |Laws 1955, p. 304, § 3; Laws 1969, c. 302, § 32, eff. Jan. 1, 1970.
58 OK Stat § 58-929.4 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-929.4. Hearing - Appearances - Approval.

|On the date and at the place specified in the notice the court shall examine the application for approval of said sale or agreement or both, and all evidence presented in support thereof and in opposition thereto. Any interested person may appear and show cause why such application should not be approved. If the court finds at such hearing that the sale or agreement, or both, is to the best interests of the estate of the decedent or ward he shall enter an order approving said application. Where an application covers both a sale and an agreement or more than one agreement, the application may be approved in part and denied in part. The court shall endorse his approval on any assignment, conveyance or agreement confirmed at said hearing. |Laws 1955, p. 305, § 4.
58 OK Stat § 58-929.5 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-929.5. Confirmation - Additional bond.

|Before confirming any sale under this act, the court may, in its discretion, require the administrator, executor or guardian to file an additional bond in such amount as the court shall prescribe. |Laws 1955, p. 305, § 5.
58 OK Stat § 58-931 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-931. Easements for pipelines, transmission lines, highways and dams - Administrators and executors or guardians - Authority as to.

|That administrators and executors of the estates of deceased persons and the guardians of estates, minors and incompetent persons are hereby authorized to enter into contracts with pipeline companies, corporations, conservancy districts, individuals or partnerships or the State of Oklahoma or any subdivision thereof or any municipal corporation, for the construction, operation and maintenance of party walls, pipelines, transmission lines, upstream flood-control dams and lakes, or to enter into contracts with companies, corporations, individuals, partnerships, the State of Oklahoma or any subdivision thereof, or any municipal corporation for the construction, operation and maintenance of wind energy conversion systems, state or county highways, and to sell and dispose of an easement under said contract for said purposes, upon and across the lands or any interest therein belonging to the estates of deceased persons and of minors and incompetents, upon such terms and conditions that said administrators, executors or guardians of such persons may deem reasonable and equitable, and for the best interest of said estates of deceased persons, minors and incompetents. |Added by Laws 1941, p. 233, § 1. Amended by Laws 1955, p. 303, § 1; Laws 1963, c. 214, § 1, emerg. eff. June 11, 1963; Laws 2010, c. 53, § 1, eff. Nov. 1, 2010.
58 OK Stat § 58-932 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-932. Application and hearing on granting of easement - Notice - Approval.

|Before entering into any such contracts for such easements aforesaid, an application shall be duly filed in the court in which said proceedings are pending as to said estates, incompetents or minors, duly sworn and signed by the executor, administrator or guardian, as the case may be, and which application shall set forth in detail the nature and character of said contract and conveyance of said easement upon and across the lands of said estates, and the purposes for which the same are to be used and maintained, and under the terms and conditions thereof, and the consideration therefor, and also setting forth the reason showing same to be for the best interests of said estate; thereupon the court shall set said application for hearing and direct that notice thereof be given not less than five (5) days prior to the date of hearing by publication one time in some newspaper published in the county. At the time and place set for said hearing the court shall conduct a hearing upon said application and if, after due consideration of same, the court finds that the granting of said easement for the erection and maintaining of said pipeline, transmission line, upstream flood-control dam or lake, state or county highway upon or across said land, will not result in a material injury to the property of said deceased person, minor or incompetent, and further finds that the consideration therefor is adequate and proper, said court may approve the same and authorize and direct the executor, administrator or guardian to enter into such contract and to execute such grants or conveyances as to carry the same into effect, and authorize and direct said executor, administrator or guardian to deliver same to said persons, individuals, firms or corporations, conservancy districts or the State of Oklahoma or any subdivisions thereof, with whom said easement contracts are entered into and so direct the clerk of said court to enter said order upon the records of said courts. In all instances where the provisions of Section 512 of Title 58, as now or hereafter amended, are applicable, they shall prevail over the provisions of this section. |Laws 1941, p. 233, § 2; Laws 1963, c. 214, § 2; Laws 1969, c. 302, § 33, eff. Jan. 1, 1970.
58 OK Stat § 58-941 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-941. Presumption of death - Issuance of letters testamentary or of administration.

|Presumption of death - Any person missing from his usual place of residence and whose address is unknown by his family or those who, in the ordinary course of events, would be expected to know his whereabouts, who is continuously absent and unheard of for a period of seven (7) years or longer, shall be presumed to be dead and the district court, after the expiration of such period, shall have jurisdiction and authority to declare such person to be legally dead and to issue letters testamentary or letters of administration upon the estates of such persons. |Laws 1937, p. 5, § 1.
58 OK Stat § 58-942 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-942. Petition for letters - Venue.

|Petition for letters - A petition for letters testamentary or letters of administration may be filed by any relative, creditor or other person interested in the estate of said absent person: |1st: In the county in which said absent person was a resident at the time of his disappearance.2nd: In the county in which said absent person did, at the time of his disappearance, have property, either real or personal.Laws 1937, p. 5, § 2.
58 OK Stat § 58-943 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-943. Contents of petition.

|The petition for letters testamentary or letters of administration shall show: |1. the jurisdictional facts;2. the names, ages and residence of the heirs, devisees, or legatees of the decedent, so far as known to the petitioner;3. a description and probable value and character of the property of the estate belonging to said absent person at the time of his disappearance;4. the name and address of the person for whom letters testamentary or of administration are prayed;5. the time and circumstances when the absentee was last seen or heard from;6. that the absentee has not been seen or heard from for a continuous period of seven (7) years by the persons likely to have seen or heard from the absentee (naming them and their relationship to the absentee) and that the location of the absentee is unknown to those persons and to the petitioner; and7. a description of the search or the inquiry concerning the location of the absentee.Laws 1937, p. 5, § 3.
58 OK Stat § 58-944 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-944. Date for hearing - Notice - Proof of publication and mailing.

|A. Upon the petition as provided for in Section 943 of this title being filed, the court must fix a day for hearing the same, not less than thirty (30) days from the date of the filing thereof, and shall cause notice of such hearing to be given to such absent person, his heirs, devisees or legatees, and any person or persons interested in his estate by: |1. publishing said notice once each week for three (3) consecutive weeks in a newspaper in said county; and2. publishing said notice once each week for three (3) consecutive weeks in a newspaper at the last location where the absentee was last heard from; and3. mailing copies of such notice to the last-known address of the absentee and to all known relatives of said absent person, and all other persons interested in the estate, known to the petitioner, at their last-known place of residence, and deposited in the post office with the postage thereon prepaid by the petitioner, at least twenty (20) days prior to the date of said hearing.B. The notice must be issued by the court. Proof of publication and of mailing the notices must be made at the hearing.Laws 1937, p. 6, § 4; Laws 1969, c. 302, § 34, eff. Jan. 1, 1970.
58 OK Stat § 58-945 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-945. Persons entitled to appear.

|Who may appear - Any person interested in said estate of said absent person may appear at said hearing and contest the same. |Laws 1937, p. 6, § 5.
58 OK Stat § 58-946 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-946. Hearing - Presumption of death - Search or inquiry - Decree - Issuance of letters testamentary or of administration.

|A. At the hearing, the court shall determine whether the absentee is a person who is presumed to be dead. The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the location of the absentee. |B. If the court is not satisfied that a diligent search or inquiry has been made for the absentee, the court may order the petitioner to conduct a diligent search or inquiry and to report the results. The court may order the search or inquiry to be made in any manner that the court determines to be advisable.C. The costs of a search ordered by the court pursuant to subsection B of this section shall be paid by the estate of the absentee.D. If, upon said hearing, it appears to the court, upon the evidence offered and of witnesses sworn and examined, that said person for the estate of whom letters testamentary or of administration is asked, has been continuously absent and unaccounted for for a period of more than seven (7) years prior to the date of the filing of said petition, and if it shall further appear upon said hearing that the person for whom letters testamentary or of administration is being asked is qualified, as now provided by law, to act as such, said court shall make and enter a decree declaring such person to be legally dead, and have the full power and authority to issue letters testamentary or of administration to said person, or any other fit and proper person, and that thereafter all further proceedings upon the estate of said absent person shall be had as provided by law, and, with the same force and effect as if the death of said absent person had been definitely proven.Laws 1937, p. 6, § 6.
58 OK Stat § 58-961 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-961. Power to lease or extend lease - Term - Petition - Persons entitled to be heard.

|When they shall deem it necessary, in order to preserve the value of such property, or its rental value, administrators, administrators with will annexed and executors of deceased persons, and guardians of minors or incompetent persons may lease or extend existing leases as to business property, or property to be improved for business purposes, or property used for wind energy conversion, belonging to the estate of said deceased persons, minor or incompetent person, for a term of not more than fifteen (15) years, with the approval of the district court administering said estate of such deceased person, or minor or incompetent person. In order to obtain said approval said administrator, administrator with will annexed, executor or guardian shall file in said district court a petition setting out the general nature of the property desired to be leased, or upon which the lease is desired to be extended, and the facts relative to the necessity of such lease for the preservation of the value of said property, or its rental value. The heirs, devisees and legatees of said deceased person and the next of kin of said minor or incompetent person are designated as persons interested in the estate and are entitled to be heard with respect to such proposed leasing. Provided, if the will of such deceased person shall authorize the executor or administrator with will annexed to sell the property of said decedent such authority shall be considered to include and extend the power to lease said property and further compliance with this act shall not be necessary. |Added by Laws 1953, p. 251, § 1, emerg. eff. June 4, 1953. Amended by Laws 2010, c. 53, § 2, eff. Nov. 1, 2010.
58 OK Stat § 58-962 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-962. Setting for hearing - Notice - Finding - Order.

|Upon the filing of such petition the district court in which said estate of said decedent, minor or incompetent person is being administered shall set the matter for hearing not less than four (4) weeks after the date of filing said petition, and notice thereof shall be given to the heirs, devisees and legatees of said decedent, or the next of kin of said minor or incompetent person, whose names and addresses are known, by mail not less than twenty (20) days prior to said hearing, and by publication for not less than three (3) consecutive weeks prior to such hearing as to heirs, devisees and legatees of said deceased person, or the next of kin of said minor or incompetent person whose names and addresses be not known. |If the court shall find upon hearing that it is necessary for the preservation of the value of said property, or its rental value, to lease said property, the court shall direct that the administrator, administrator with will annexed or executor of such deceased person, or the guardian of such minor or incompetent person shall advertise that said property will be leased on the best terms available, subject to confirmation by court, and that said proposed lease or leases shall be presented to the court at the date therein fixed, not less than four (4) weeks following the date of said order, and notice of said proposed leasing shall be given by publication for not less than three (3) consecutive weeks and by mailing a copy of such notice to the heirs, devisees and legatees of such deceased person, or the next of kin of such minor incompetent person, whose names and addresses are known, not less than twenty (20) days prior to the date fixed.Added by Laws 1953, p. 251, § 2, emerg. eff. June 4, 1953.