reglab/housing_qa huggingface dataset:
58 OK Stat § 58-391.2 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-391.2. Notice of sale of personalty at private sale - Place of sale - Return of proceedings - Hearing.

|Notice of the sale of personal property at private sale 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 shall set a date on or after which the sale will be made and the place where offers or bids will be received. The executor or administrator after making a sale of personal property at private sale 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, 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, § 7, eff. Oct. 1, 1979.
58 OK Stat § 58-393 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-393. Payment or delivery of property to successor by affidavit.

|A. At any time ten (10) or more days after the date of death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent shall make payment of the indebtedness or shall deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that: |1. The fair market value of property located in this state owned by the decedent and subject to disposition by will or intestate succession at the time of the decedent's death, less liens and encumbrances, does not exceed Fifty Thousand Dollars ($50,000.00);2. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;3. Each claiming successor is entitled to payment or delivery of the property in the respective proportions set forth in the affidavit; and4. All taxes and debts of the estate have been paid or otherwise provided for or are barred by limitations.B. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection A of this section.C. The public official having cognizance over the registered title of any personal property of the decedent shall change the registered ownership from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection A of this section.D. At any time after the date of death of a person who was an owner of a severed mineral interest in real estate, any person who claims an interest, immediately or remotely, through the decedent may file with the county clerk of the county where the mineral interest is located an affidavit of death and heirship in compliance with subsection C of Section 67 of Title 16 of the Oklahoma Statutes. Pursuant to Sections 82 and 83 of Title 16 of the Oklahoma Statutes, there shall be a rebuttable presumption that the facts stated in the recorded affidavit are true as they relate to the severed mineral interest, the death of the decedent, and the relationships, family history and heirship stated therein.E. Any person who knowingly submits and signs a false affidavit as provided in this section shall be fined not more than Three Thousand Dollars ($3,000.00) or imprisoned for not more than six (6) months, or both. Restitution of the amount fraudulently attained shall be made to the rightful beneficiary by the guilty person.Added by Laws 1998, c. 359, § 5, eff. Nov. 1, 1998. Amended by Laws 2004, c. 417, § 1, eff. Nov. 1, 2004; Laws 2010, c. 223, § 2, emerg. eff. May 10, 2010; Laws 2016, c. 250, § 1, eff. Nov. 1, 2016; Laws 2017, c. 73, § 2, eff. Nov. 1, 2017.
58 OK Stat § 58-394 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-394. Discharge and release upon payment or delivery of property by affidavit.

|The person paying, delivering, transferring, or issuing personal property or the evidence thereof to the successor or successors named in the affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. Such person is not required to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right. |Added by Laws 1998, c. 359, § 6, eff. Nov. 1, 1998.
58 OK Stat § 58-411 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-411. Realty may be sold.

|When a sale of property of the estate is necessary to pay the allowance of the family, or the debts outstanding against a decedent, or the debts, expenses or charges of administration, or legacies, or is otherwise in the best interests of the estate, the executor or administrator may also sell any real, as well as personal, property of the estate in his hands and chargeable for that purpose, upon the order of the district court, and an application for the sale of real property may also embrace the sale of personal property. |R.L.1910, § 6371. Amended by Laws 1978, c. 38, § 1.
58 OK Stat § 58-412 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-412. Application for sale of realty.

|To obtain an order for the sale of real property, the executor or administrator must present a verified application to the court setting forth that the sale of the real property will be in the best interest of the estate and a general description of all the real property except the homestead of which the decedent died seized, or in which he had any interest, or in which the estate has acquired any interest, and the value thereof; the names of the heirs, legatees and devisees of the decedent, if any, so far as known to the petitioner. If any of the matters here enumerated cannot be ascertained, it must be so stated in the application; but 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 such good cause be stated in the decree. |R.L.1910, § 6372; Laws 1978, c. 38, § 2; Laws 1979, c. 258, § 8.
58 OK Stat § 58-413 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-413. Order for hearing on the petition.

|If it appears to the court or judge, from such petition, that it is necessary to sell the whole or some portion of such real estate for the purposes and reasons mentioned in this title, such petition must be filed and an order thereupon made, directing all persons interested in the estate to appear before the court, at a time and place specified, not less than ten (10) days nor more than four (4) weeks from the time of making such order, to show cause why an order should not be made authorizing the executor or administrator to sell so much of the real estate of the decedent as is necessary. |R.L.1910, § 6373; Laws 1953, p. 238, § 28; Laws 1975, c. 136, § 1, eff. Oct. 1, 1975.
58 OK Stat § 58-414 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-414. Notice of order.

|The court shall cause copies of the order to show cause to be published once in a newspaper and the hearing shall be held not less than ten (10) days from the date of publication of the notice. The court clerk, deputy court clerk, or an attorney shall mail a copy of the order to all of the then known heirs, legatees, devisees, or their guardians , whose addresses are known, at least ten (10) days prior to the date set for hearing. The hearing shall not be held less than ten (10) days from the date of mailing of the order. If the executor or administrator files a verified petition for the sale, setting forth therein the name or names of all of the known heirs, legatees, and devisees obtainable by exercise of due diligence, all of whom have joined in the petition or have signified in writing their assent thereto, no notice shall be required and the court shall proceed forthwith to hear the petition. |R.L. 1910, § 6374. Amended by Laws 1953, p. 238, § 29; Laws 1957, p. 462, § 1; Laws 1959, p. 222, § 1; Laws 1963, c. 68, § 1, emerg. eff. May 15, 1963; Laws 1969, c. 302, § 14, eff. Jan. 1, 1970; Laws 1995, c. 286, § 12, eff. July 1, 1995.
58 OK Stat § 58-415 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-415. Hearing of petition.

|If all heirs, legatees and devisees in said estate do not file in court their written consent to such sale, the district court, at the time and place appointed in such order or at any other time to which the hearing may be postponed, upon satisfactory proof of service, mailing or publication of a copy of the order to show cause, and of posting the same, as provided in this chapter, by affidavit or otherwise, must proceed to hear the petition, and hear and examine the allegations and proofs of the petitioners and all heirs, legatees and devisees of said decedent who may oppose the application. |R.L.1910, § 6375; Laws 1953, p. 238, § 30.
58 OK Stat § 58-416 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-416. Witnesses.

|The executor, administrator and witnesses may be examined on oath by either party, and process to compel them to attend and testify may be issued by the judge of the district court in the same manner and with like effect as in other cases. |R.L.1910, § 6376.
58 OK Stat § 58-417 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-417. Sale of all rather than part of realty.

|If it appear necessary to sell a part of the real estate, and that by a sale thereof the residue of the estate, real or personal, or some specific part thereof, would be greatly injured or diminished in value, or subjected to expense or rendered unprofitable, or that after such sale the residue would be so small in quantity or value, or would be of such a character with reference to its future disposition among the heirs or devisees, as clearly to render it for the best interests of all concerned that the same should be sold, the court may authorize the sale of the whole estate, or of any part thereof necessary and for the best interest of all concerned. |R.L.1910, § 6377.
58 OK Stat § 58-418 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-418. Order of sale.

|If the court be satisfied, after a full hearing upon the petition and examination of the proofs and allegations of the petitioner and the heirs, legatees and devisees who may oppose the application, that a sale of the whole or some portion of the real estate is necessary, for any of the causes mentioned in this chapter, or if such sale be assented to by all the heirs, legatees and devisees, an order must be made to sell the whole, or so much and such parts of the real estate described in the petition as the court shall judge necessary or beneficial. |R.L.1910, § 6378; Laws 1953, p. 239, § 31.
58 OK Stat § 58-419 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-419. Order, terms and method of the sale.

|The order of sale must describe the lands to be sold and the terms of sale, which may be for cash or may be for one-fourth (1/4) cash and the balance on a credit not exceeding two (2) years, payable in gross or installments within that time, with interest, as the court may direct. The land may be sold in one parcel or in subdivisions, as the executor or administrator shall judge most beneficial to the estate, unless the court otherwise specially directs. If it appears that any part of such real estate has been devised and not charged in such devise with the payment of debts or legacies, the court must order the remainder to be sold before that so devised. Every such sale must be ordered to be made at a public auction, unless, in the opinion of the court, it would benefit the estate to sell the whole or some part of such real estate at private sale; the court may, if the same is asked for in the petition, order or direct such real estate, or any part thereof, to be sold either at public or private sale, as the executor or administrator shall judge to be most beneficial to the estate. If the executor or administrator neglects or refuses to make a sale under the order as directed therein, he may be compelled to sell, by order of the court, made on motion, after due notice, by any party interested. |R.L.1910, § 6379; Laws 1970, c. 120, § 1, eff. July 1, 1970.
58 OK Stat § 58-420 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-420. Petition for sale by third person.

|If the executor or administrator neglects to apply for any order of sale when it is necessary, any person may make application therefor in the same manner as the executor or administrator, and notice thereof must be given to the executor or administrator before the hearing. The petition of such applicant must contain as many of the matters required for the petition of the executor or administrator as he can ascertain, and the decree of sale must fix the period of time within which the executor or administrator must make the sale. |R.L.1910, § 6380.
58 OK Stat § 58-421 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-421. Notice of sale at public auction.

|When a sale is ordered to be made at public auction, notice of the time and place of sale must be published once each week for two (2) consecutive weeks in a newspaper in each county in which any part of the real property to be sold is situated, and in the county where the order is made and by mailing a copy of said notice to all heirs, legatees and devisees of the decedent whose addresses are known. The real property to be sold must be described with common certainty in the notice. The day of sale must not be earlier than ten (10) days from the date of the first publication of the notice. |R.L.1910, § 6381; Laws 1953, p. 239, § 32; Laws 1955, p. 300, § 3; Laws 1969, c. 302, § 15, eff. Jan. 1, 1970; Laws 1979, c. 258, § 9, eff. Oct. 1, 1979.
58 OK Stat § 58-422 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-422. Place and time of sale.

|Sales at public auction must be made in the county where the land is situated; but when the land is situated in two or more counties, it may be sold in either. The sale must be made between the hours of nine o'clock in the morning and the setting of the sun on the same day, and must be made on the day named in the notice of sale, unless the same is postponed. |R.L.1910, § 6382.
58 OK Stat § 58-423 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-423. Private sale - Notice of - Bids.

|When a sale of real property is ordered to be made at private sale, notice of such sale must be published once each week for two (2) consecutive weeks in a newspaper in each county in which any part of the land to be sold is situated, and in the county where the order is made and by mailing a copy of the notice to all heirs, legatees and devises of the decedent whose addresses are known. The notice of sale shall describe the real property to be sold with common certainty, and must set a day on or after which the sale will be made, and the place where offers or bids will be received. The date last referred to must be at least ten (10) days from the first publication of notice, and the sale must not be made before that day, but must be made within one (1) year thereafter. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the executor or administrator personally at any time after the first publication of notice, and before the making of the sale. |R.L. 1910, § 6383; Laws 1953, p. 239, § 33; Laws 1955, p. 300, § 4; Laws 1963, c. 282, § 1, emerg. eff. June 18, 1963; Laws 1969, c. 302, § 16, eff. Jan. 1, 1970; Laws 1979, c. 258, § 10, eff. Oct. 1, 1979; Laws 1988, c. 329, § 130, eff. Nov. 1, 1988; Laws 1992, c. 395, § 9, eff. Sept. 1, 1992.
58 OK Stat § 58-424 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-424. Relationship of sale price to appraisement - Exception of sale under authority of will.

|No sale of real estate at private sale shall be confirmed by the court unless the sum offered is at least ninety percent (90%) of the appraised value thereof, nor unless such real estate has been appraised within one (1) year of the time of such sale. If it has not been so appraised, or if the court is satisfied that the appraisement is too high or too low, appraisers must be appointed, and they must make an appraisement thereof in the same manner as in case of an original appraisement of an estate. This may be done at any time before the sale or the confirmation thereof. Provided, that this section shall not apply to property sold under authority or direction of a will. |R.L.1910, § 6384; Laws 1967, c. 234, § 1, emerg. eff. May 4, 1967.
58 OK Stat § 58-425 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-425. Security when sale is made on credit.

|The executor or administrator must, when the sale is made upon a credit, take the notes of the purchaser for the purchase money with a mortgage on the property to secure their payment. |R.L.1910, § 6385.
58 OK Stat § 58-426 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-426. Return of sale - Hearing.

|Except when a sale is made pursuant to Section 239 of this title, the executor or administrator, after making any sale of real property, must file a sworn return of his proceedings in the court. The court must fix the day for the hearing of such return, and give at least ten (10) days' notice thereof by one publication in a |newspaper in each county in which any part of the real property sold is situated and in the county where the order was made, and by mailing a copy of said notice to all heirs, legatees and devisees of the decedent whose addresses are known, which notice must briefly describe the real property sold, the sum for which it was sold and the name of the purchaser, and must refer to the return for further particulars. Upon the hearing, the court must examine the return and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value, and if it appears that a sum exceeding such bid at least ten percent (10%), exclusive of the expenses of a new sale, may be obtained, the court may vacate the sale and direct another to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place; if an offer of ten percent (10%) more in amount than that named in the return be made to the court in writing, by a responsible person, it is in the discretion of the court to accept such offer and confirm the sale to such person or to order a new sale.R.L.1910, § 6386; Laws 1955, p. 300, § 5; Laws 1969, c. 302, § 17; Laws 1970, c. 182, § 1, emerg. eff. April 13, 1970; Laws 1973, c. 89, § 1, eff. Oct. 1, 1973; Laws 1979, c. 258, § 11.
58 OK Stat § 58-427 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-427. Objections to confirmation of return.

|When return of the sale is made and filed, any person interested in the estate may file written objections to the confirmation thereof, and may be heard thereon when the return is heard by the court or judge, and may produce witnesses in support of his objections. |R.L.1910, § 6387.
58 OK Stat § 58-428 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-428. Confirmation of sale - Resale, when.

|If it appear to the court that the sale was legally made and fairly conducted, and that the sum bid was not disproportionate to the value of the property sold, and that a greater sum, as above specified, cannot be obtained, or if the increased bid mentioned in the second preceding section be made and accepted by the court, the court must make an order confirming the sale, and directing conveyances to be executed. The sale from that time is confirmed and valid, and a certified copy of the order confirming it and directing conveyances to be executed must be recorded in the office of the register of deeds of the county within which the land sold is situated. If after the confirmation the purchaser neglects or refuses to comply with the terms of sale the court may, on motion of the executor or administrator, and after notice to the purchaser, order a resale to be made of the property. If the amount realized on such resale does not cover the bid and the expenses of the previous sale, such purchaser is liable for the deficiency to the estate. |R.L.1910, § 6388.
58 OK Stat § 58-429 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-429. Conveyance and record - Effect of.

|Conveyances must thereupon be executed to the purchaser by the executor or administrator and they must refer to the order of the district court confirming the sale of the property of the estate, and directing the conveyances thereof to be executed, unless the sale is made pursuant to Section 239 of this title, in which case no confirmation of the sale is necessary. Conveyances so made convey all the right, title, interest and estate of the decedent, in the premises, at the time of his death, if, prior to the sale, by operation of law or otherwise, the estate has acquired any right, title or interest in the premises, other than, or in addition to, that of the decedent at the time of his death, such right, title or interest also passes by such conveyance. |R.L.1910, § 6389; Laws 1951, p. 162, § 1.
58 OK Stat § 58-430 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-430. Proof of notice before order.

|Before any order is entered confirming the sale, it must be proved to the satisfaction of the court that notice was given of the sale as prescribed, and the order of confirmation must show that such proof was made. |R.L.1910, § 6390.
58 OK Stat § 58-431 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-431. Postponement of sale.

|If, at the time appointed for the sale, the executor or administrator deems it for the interest of the persons concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all three (3) months. |R.L.1910, § 6391.
58 OK Stat § 58-432 (2021)
2021 Oklahoma Statutes|Title 58. Probate Procedure|§58-432. Notice of postponement.

|In case of a postponement, notice thereof must be given, by public announcement and posting of notice at the time and place first appointed for the sale. If the postponement be for more than ten (10) days, notice must also be given by one publication in a newspaper in the county where the land is situated. An affidavit of such postponement and posting shall be given by the administrator. |R.L.1910, § 6392; Laws 1969, c. 302, § 18, eff. Jan. 1, 1970.