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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
4. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-461. Provisions of the will must be followed.

If the testator makes provisions by his will or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they must be paid according to such provisions or designation, out of the estate thus appropriated, so far as the same is sufficient.
R.L.1910, § 6393.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-462. Sale of property under the will - Confirmation.

When property is directed or authorized by the will to be sold or dealt with in any other manner by the executor, the executor may sell or otherwise deal with any property of the estate without the order of the court on such basis and on such terms as the executor may determine; but the executor must make return of such sales as in other cases, unless the sale is made pursuant to Section 239 of this title. If directions are given in the will as to mode of selling, or the particular property to be sold, such directions must be observed. No title passes unless the sale is confirmed by the court, except if the sale was made pursuant to Section 239 of this title, then no confirmation of the sale by the court is necessary.
R.L.1910, § 6394; Laws 1969, c. 302, § 19, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-462.1. Partition of property under the will - Sale

When the will of a testator authorizes the executor or personal representative of an estate being probated to institute partition of real property in which the testator at his death held an undivided interest, an order by the probate court authorizing the institution of such action, or the joinder of such action with a quiet title suit, shall be unnecessary. Further, in the event a sale is confirmed in the partition action, no confirmation of sale in the probate case shall be required.
Laws 1976, c. 77, § 1, emerg. eff. April 29, 1976.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-463. When provisions of will are insufficient.

If the provision made by the will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration, and family expenses, that portion of the estate not devised or disposed of by will, if any, must be appropriated and disposed of for that purpose according to the provisions of this chapter.
R.L.1910, § 6395; Laws 1953, p. 239, § 34.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-471. Estate liable for debts.

The estate, real and personal, given by will to legatees or devisees, is liable for the debts, expenses of administration, and family expenses, in proportion to the value or amount of the several devises, or legacies, but specific devises or legacies are exempt from such liability if it appears to the court necessary to carry into effect the intention of the testator, and there is other sufficient estate.
R.L.1910, § 6396.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-471.1. Liability as dependent on time of granting letters.

No real property of a deceased person shall be liable for debts of such person unless letters testamentary or of administration be granted within three (3) years from the date of the death of such decedent; provided, however, that this section shall not affect the lien of any mortgage, upon specific real property, existing and recorded as provided by law at the date of the death of such decedent.
Laws 1945, p. 188, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-472. Contribution from devisees and legatees.

When an estate given by will has been sold for the payment of debts or expenses, all the devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the district court, when distribution is made, must, by decree for that purpose, settle the amount of the several liabilities, and decree the amount each person shall contribute, and reserve the same from their distributive shares respectively, for the purpose of paying such contribution.
R.L.1910, § 6397.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-481. Contract for the purchase of lands may be sold.

If a decedent, at the time of his death, was possessed of a contract for the purchase of land, his interests in such land and under such contracts may be sold on the application of his executor or administrator, in the same manner as if he had died seized of such land, and the same proceedings may be had for that purpose as are prescribed in this article for the sale of lands of which he died seized, except as hereinafter provided.
R.L.1910, § 6398.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-482. Terms of the sale of land contract.

The sale must be made subject to all payments that may hereafter become due on such contracts, and if there are any such the sale must not be confirmed by the district court until the purchasers execute a bond to the executor or administrator, for the benefit and indemnity of himself and of the person entitled to the interest of the decedent in the lands so contracted for, in double the whole amount of payments thereafter to become due on such contract, with such sureties as the judge of the district court shall approve.
R.L.1910, § 6399.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-483. What bond must specify.

The bond must be conditioned that the purchaser will make all payments for such land that become due after the date of the sale, and will fully indemnify the executor or administrator and the persons so entitled against all demands, costs, charges and expenses by reason of any covenant or agreement contained in such contract.
R.L.1910, § 6400.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-484. Assignment of contract.

Upon the confirmation of the sale, the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title and interest of the estate, or of the persons entitled to the interest of the decedent in the lands sold at the time of the sale and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living.
R.L.1910, § 6401.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-485. Sale of land subject to mortgage.

When any sale is made by an executor or administrator, pursuant to the provisions of this chapter, of lands subject to any mortgage or other lien, which is a valid claim against the estate of the decedent and has been presented and allowed, the purchase money must be applied, after paying the necessary expenses of the sale, first to the payment and satisfaction of the mortgage or lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage or lien must be made without delay; and the land is subject to such mortgage or lien until the purchase money has been actually so applied. No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate. The purchase money, or so much thereof as may be sufficient to pay such mortgage or lien, with interest, and any lawful costs and charges thereon, may be paid into the district court, to be received by the judge thereof, whereupon the mortgage or lien upon the land must cease, and the purchase money must be paid over by the judge without delay, in payment of the expenses of the sale and in satisfaction of the debt, to secure which the mortgage or other lien was taken, and the surplus, if any, at once returned to the executor or administrator, unless, for good cause shown, after notice to the executor or administrator, the judge otherwise directs.
R.L.1910, § 6402; Laws 1953, p. 240, § 35.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-486. Holder of mortgage may purchase land.

At any sale under order of the district court, of lands upon which there is a mortgage or lien, the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which he purchased the property is insufficient to defray the expenses and discharge his mortgage or lien, he must pay to the judge an amount sufficient to pay such expenses.
R.L.1910, § 6403.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-491. Misconduct in sale.

If there is any neglect or misconduct in the proceedings of the executor or administrator in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator or otherwise.
R.L.1910, § 6404.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-492. Fraudulent sale - Damages.

Any executor or administrator who fraudulently sells any real estate of a decedent, contrary to or otherwise than under the provisions of this chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in action by the person having an estate of inheritance therein.
R.L.1910, § 6405; Laws 1953, p. 240, § 36.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-493. Limitation of action to recover.

No action for the recovery of any estate sold by an executor or administrator, under the provisions of this chapter, can be maintained by any heirs, or other persons claiming under the decedent, unless it be commenced within two (2) years next after the sale. An action to set aside the sale on the ground of fraud may be instituted and maintained at any time within two (2) years from the discovery of the fraud.
R.L.1910, § 6406; Laws 1953, p. 240, § 37.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-494. Persons under disabilities excepted.

The preceding section shall not apply to minors, or others under any legal disability to sue at the time when the right of action first accrues; but all such persons may commence an action at any time within two (2) years after the removal of the disability.
R.L.1910, § 6407; Laws 1953, p. 240, § 38.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-495. Account of sale.

When a sale has been made by an executor or administrator, of any property of the estate, real or personal, he must return to the district court, within thirty (30) days, an account of sales, verified by his affidavit. If he neglect to make such return, he may be punished by attachment, or his letters may be revoked, one (1) day's notice having been first given him to appear and show cause why such attachment should not issue or such revocation should not be made.
R.L.1910, § 6408; Laws 1953, p. 240, § 39.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-497. Contract with agent to procure purchaser.

The district court may authorize the executor or administrator of any estate to enter into a written contract with any bona fide agent to secure a purchaser for any real or personal property of the estate, which contract shall provide for the payment to such agent, out of the proceeds of a sale to any purchaser secured by him, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale; and when said sale is confirmed to such purchaser, such contract shall be binding and valid as against the estate for the amount so allowed by the court. By the execution of any such contract no personal liability shall attach to the executor or administrator, and no liability of any kind shall be incurred by the estate unless an actual sale is made and confirmed by the court.
Laws 1953, p. 252, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-498. Sale on increased bid to purchaser not procured by agent holding contract.

In case of sale on an increased bid made at the time of confirmation to a purchaser not procured by the agent holding the contract, the court shall allow a commission on the full amount for which the sale is confirmed, one-half (1/2) of said commission on the original bid to be paid to the agent whose bid was returned to the court for confirmation and the balance of the commission on the purchase price to the agent, if any, who procured the purchaser to whom the sale was confirmed.
Laws 1953, p. 252, § 2.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-499. Sale on increased bid procured by agent.

Where an original bid is made by a purchaser direct to the estate and, thereafter, at the time of hearing the return of sale containing the original bid, an increased bid is made by a bona fide agent which results in the confirmation and sale of the property at such increased bid, the court shall allow a commission to the agent who procured the increased bid, which commission shall be fixed by the court at such amount as the court, in its discretion, finds will be a reasonable compensation for the services of the agent to the estate.
Laws 1953, p. 253, § 3.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-501. Representative to make deed under decedent's contract.

When a person who is bound by contract in writing to convey any real estate, dies before making the conveyance, and such decedent, if living, might be compelled to make such conveyance, the district court may enter a decree authorizing and directing his executor or administrator to convey such real estate to the person entitled thereto.
R.L.1910, § 6410; Laws 1975, c. 13, § 1, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-502. Application and hearing.

On the filing of a verified application by either the executor or the administrator, or by any person claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the court shall appoint a time for hearing the application, shall issue notice thereof, shall 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 ten (10) days prior to the date of hearing, and shall cause notice thereof to be published one time, at least ten (10) days before the date of hearing, in a newspaper of general circulation published in the county where the property is located.
R.L.1910, § 6411; Laws 1967, c. 126, § 1; Laws 1969, c. 302, § 20, eff. Jan. 1, 1970; Laws 1975, c. 13, § 2, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-503. Hearing.

At the time and place appointed for the hearing, or at such other time to which the same may be postponed, upon satisfactory proof, by affidavit or otherwise, of proper mailing and publication of notice, as required by the preceding sections, the court shall conduct said hearing, and the heirs at law, devisees and legatees of the decedent and all persons interested in the estate, may appear and contest such application, and the court may examine, under oath, the applicant and all other persons who come before the court for that purpose.
R.L.1910, § 6412; Laws 1975, c. 13, § 3, eff. Oct. 1, 1975.