reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-710. Attorney appointed by the court, when.

At or before the hearing of petitions and contests for the probate of wills; for letters testamentary or of the administration; for sales of real estate and confirmation thereof; settlements, partitions and distributions of estates; and all other proceedings where all the parties interested in the estate are required to be notified thereof, the court may, in its discretion, appoint some competent attorney-at-law to represent in all such proceedings the devisees, legatees, heirs, or creditors of the decedent, who are minors and have no general guardian in the county, or who are nonresidents of the state, and those interested, who, though they are neither such minors or nonresidents, are unrepresented. The order must specify the names of the parties for whom the attorney is appointed, who is thereby authorized to represent such parties in all such proceedings had subsequent to his appointment. The attorney may receive a fee to be fixed by the court for his services, which must be paid out of the funds of the estate as necessary expenses of administration, and upon distribution may be charged to the party represented by the attorney. If for any cause it becomes necessary, the district court may substitute another attorney for the one first appointed, in which case the fee must be proportionately divided. The nonappointment of an attorney will not affect the validity of any of the proceedings.
Amended by Laws 1989, c. 94, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-711. Recording of judgment or decree or notice of judgment or decree relating to real property.

When a judgment or decree is made, setting apart and defining the homestead, confirming a sale, making distribution of real property, or determining any other matter affecting the title to real property, a certified copy of the same must be recorded in the office of the county clerk of the county in which the real property is situated. A certified copy of any such judgment or decree may be made by the court clerk as to real property in any one county without including therein the description of lands located in any other county, such certificate reciting that the same is a true copy of such instrument insofar as the same relates to real property in such county. Instead of filing the judgment or decree in the office of the county clerk where the real property described in the judgment or decree is located, a notice of the judgment or decree may be filed in the office of the county clerk of any county where the real property described in the judgment or decree is located. The notice shall provide the name of the decedent in the probate proceeding, the court, case number, the date that the judgment or decree was entered, a legal description of the real property located in the county where the notice is to be filed without including the description of real property located in any other county, and the name and address of the party or parties holding title to such real property as set forth in the judgment or decree.
R.L. 1910, § 6499. Amended by Laws 1953, p. 243, § 58; Laws 1998, c. 359, § 7, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-712. Revocation of letters for contumacy.

Whenever an executor, administrator, or guardian is committed for contempt, in disobeying any lawful order of the district court or the judge thereof, and has remained in custody for thirty (30) days without obeying such order or purging himself otherwise of the contempt, the district court may, by order reciting the facts, and without further showing or notice, revoke his letters and appoint some other person, entitled thereto, executor, administrator or guardian in his stead.
R.L.1910, § 6500.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-713. Proof of death of person in military, naval or maritime service - Time for distribution.

In all proceedings brought for the administration of the estate of any person who dies intestate, or for the probate of the will of any person who shall die testate, or for the adjudication of the fact of the death of any life tenant or joint tenant of real estate, where such person shall have been in the military, naval or maritime service of the United States at the time of death, the official notice of death issued by or received from the United States Government or any department thereof, shall be admissible in evidence in such proceedings, and shall be prima facie evidence of the fact of death. Provided, however, that no decree distributing the estate of such deceased person in either administration proceedings or under the provisions of any will of such decedent, shall be entered until a period of two (2) years shall elapse from the reported death of such decedent.
Laws 1945, p. 188, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-714. Joinder of proceedings relating to different estates.

Proceedings for probate of wills of two or more deceased persons may be joined and united in one proceeding, and proceedings for administration of estates of two or more deceased persons who died intestate may be joined and united in one proceeding. Proceedings for probate of wills of one or more deceased persons and proceedings for the administration of estates of one or more deceased persons who died intestate may be joined and united in one proceeding. Where the estate or estates or some part thereof left by one or more of such deceased persons, has been or is to be received from another of such deceased persons, immediately or remotely, either by will or intestate succession, and no probate or administration proceedings have been had or commenced upon the estate of any of such deceased persons, and/or where two or more deceased persons died seized of undivided interests in property, real or personal, as tenants in common or otherwise, and no probate or administration proceedings have been had or commenced on the estate of either or any of them, and one or more of the heirs, devisees or legatees of such deceased persons are the same, the court may grant letters testamentary and/or letters of administration, as the case may be, upon such estates in any county where venue would be proper for any of the estates so joined and they may be administered in one proceeding. In all cases herein mentioned the court granting such letters has jurisdiction of each of the proceedings so united. Notice required to be published by this title including but not limited to notice to determine heirs, notice to creditors, or notice of hearing on petition for final settlement, shall be published in the county where the action is pending and the county of the residence of each decedent if a resident of this state at death. Any such proceeding before the effective date of this act shall be deemed to be in compliance with applicable venue statutes.
Laws 1945, p. 190, § 1. Amended by Laws 2022, c. 160, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-716. Orders fixing date of hearing and notice thereof - Signing.

Whenever the probate code requires that an order setting date of hearing and giving notice thereof be signed by a judge, the chief judge in the county may by judicial order provide that such order or notice may be signed by the court clerk or his deputy affixing his signature beneath the place where the judge's name appears followed with the word "by;" and then followed with the signing officer's title. Where both an order and notice as to any particular act provided for in this title are required, allowed, or authorized by law or by order of the court, said order and notice may be combined in one document.
Laws 1973, c. 45, § 1, emerg. eff. April 27, 1973.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-717. Computation of time.

The time within which an act is to be done, as provided for in Title 58 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded. The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act. Any action or proceeding arising under Title 58 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section.
Added by Laws 2000, c. 260, § 5, emerg. eff. June 1, 2000.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-718.1. Proceedings for appointment of executor or administrator - Notice to creditors.

From and after the effective date of this act the court clerk shall when requested by any interested party or his attorney be required to record all petitions for probate of wills or for the appointment of administrators, all notices, proofs of publication or of mailing or posting, all orders in connection with said proceedings and all other papers from the filing of the petition aforesaid to the appointment and qualification of any executor or executors, or administrator or administrators, as well as notices to creditors, with proof of publication and proof of posting and estate tax receipts or exemption certificates.
Laws 1949, p. 386, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-718.2. Accounting and distribution.

Said clerk shall when properly requested so to do likewise be required to record all final accounts and petitions for distribution, all notices, proofs of publication or of posting thereof, and any petition for partial distribution and notices, together with proofs of posting and publication thereof, and all orders of distribution, either on petition for general or partial distribution of said estate.
Laws 1949, p. 386, § 2.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-719.1. Service of notices on Governor and Attorney General.

In all proceedings for the administration of estates of deceased persons, or for the probate, or interpretation, of wills of deceased persons, in all courts of this state, wherein it appears from the petition for admission of a will to probate, or from the petition or other pleading asking for the interpretation of a last will and testament, that the State of Oklahoma is named as a beneficiary in such will, or wherein it appears from the petition for appointment of administrator, or otherwise, that an intestate left no spouse or kindred surviving, or that it is not known whether or not the intestate left a spouse or kindred surviving or that the names and whereabouts of the spouse or kindred, if any, of the intestate are unknown, or wherein it otherwise appears that the State of Oklahoma is, or may be, entitled to share in the distribution of the estate of the decedent, any and all notices provided for by statute to be served, personally, or by mail, upon persons or parties interested in the estate shall be served upon the State of Oklahoma by mailing true and correct copies of such notice, by registered mail, postage prepaid, to the Governor of the State of Oklahoma, and to the Attorney General of the State of Oklahoma, Capitol Building, Oklahoma City, Oklahoma, and, where the jurisdiction of the court to enter a judgment, order or decree in such cases depends upon the giving of proper notice to all persons or parties interested in an estate, such jurisdiction shall not vest in any such court, as to the State of Oklahoma, unless and until the notice provided by law has been given to the State of Oklahoma in the manner prescribed herein. If the notice provided for herein be given in the manner prescribed herein, the jurisdiction of the court, as to the State of Oklahoma as a party entitled to share, or possibly entitled to share, in the distribution of the estate of the decedent, shall be the same as it is as to other persons or parties entitled to share, or possibly entitled to share, in the distribution of such estate, when properly served with notice required by law.
Laws 1953, p. 249, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-719.2. Consent by Governor to sale of property of estate.

In any proceeding for the administration of the estate of a deceased person, whether testate or intestate, wherein it appears that the State of Oklahoma is, or may be, entitled to share in the distribution of such estate, the Governor of the State of Oklahoma is hereby authorized and empowered, in his sole discretion, to object, or to consent, upon behalf of the State of Oklahoma as such interested party, to the sale of any real or personal property belonging to such estate.
Laws 1953, p. 250, § 2.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-721. Appealable judgments and orders of district court.

An appeal may be taken from the following judgments or orders of the district court:
1. Granting, or refusing, or revoking letters testamentary or of administration, or of guardianship, or conservatorship;
2. Admitting, or refusing to admit, a will to probate;
3. Against or in favor of the validity of a will or revoking the probate thereof;
4. Against or in favor of setting apart property, or making an allowance for a widow or child;
5. Against or in favor of directing the partition, sale or conveyance of real property;
6. Settling an account of an executor, or administrator or guardian;
7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share;
8. Refusing or allowing the release of estate tax liability;
9. An order determining liability for estate taxes made pursuant to Section 268 of this title; or
10. From any other judgment, decree or order of the court in a probate cause, or of the judge thereof, affecting a substantial right.
R.L.1910, § 6501; Laws 1968, c. 413, § 1, eff. Jan. 13, 1969; Laws 1980, c. 286, § 1, eff. Oct. 1, 1980; Laws 1991, c. 148, § 4, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-723. Vacation of judgment.

A person interested in the estate or funds affected by the decree or order, who was not a party to the special proceeding in which it was made, but who was entitled by law to be heard therein, upon his application, or who has acquired, since the decree or order was made, a right or interest which would have entitled him to be heard, if it had been previously acquired, may move to reopen the judgment within thirty (30) days from the date of the decree or order. The facts which entitle such person to vacate the judgment must be shown by an affidavit which must be filed with the motion to vacate.
R.L.1910, § 6503; Laws 1953, p. 244, § 61; Laws 1968, c. 413, § 2, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-724. Probate appeals taken as appeals in other cases.

An appeal in a probate proceeding must be taken as appeals in other cases in the district court.
R.L.1910, § 6504; Laws 1968, c. 413, § 3; Laws 1969, c. 302, § 26, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-731. Appeal does not stay issue of letters.

An appeal from the decree or order admitting a will to probate, or granting letters testamentary, or letters of administration, does not stay the issuing of letters where, in the opinion of the judge, manifested by an entry upon the minutes of the court, the preservation of the estate requires that such letters should issue. But the letters so issued do not confer power to sell real property by virtue of any provision in the will, or to pay or satisfy legacies or to distribute the property of the decedent among the next of kin, until the final determination of the appeal.
R.L.1910, § 6511; Laws 1968, c. 413, § 5, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-732. Appeal does not stay order revoking letters, etc.

An appeal from a decree or order revoking probate of a will, letters testamentary, letters of administration or letters of guardianship, or from a decree or order suspending or removing an executor, administrator or guardian, or removing or suspending a testamentary trustee or a person appointed by the judge, or appointing an appraiser of personal property, does not stay the execution of the decree or order appealed from.
R.L.1910, § 6512; Laws 1968, c. 413, § 6, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-741. Reversal for error does not affect lawful acts.

When the order or decree appointing an executor, or administrator, or guardian, is reversed on appeal for error, and not for want of jurisdiction of the court, all lawful acts in administration upon the estate, performed by such executor, or administrator or guardian, if he have qualified, are as valid as if such order or decree had been affirmed.
R.L.1910, § 6521.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-902. Petition for approval - Requirements.

All petitions for the approval of deeds to lands inherited by full-blood Indian heirs shall be verified by one or more grantors, and shall contain the following information:
The names of all grantors and grantees.
The description of the land to be conveyed.
The character and extent of the interest to be conveyed.
The roll number and quantum of blood of the grantor and decedent.
The permanent residence of the decedent at the time of death.
The relationship of each grantor to the decedent and the names and relationship to the decedent of each heir who is not a grantor.
Laws 1915, c. 198, § 2.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-903. Hearings in district court - Terms of sale.

The district court shall establish a date upon which all petitions for the approval of deeds to lands inherited by full-blood Indians shall be heard which date shall be at least twice per month. At a hearing the court shall take the testimony of disinterested parties to establish the value of the lands to be conveyed, and may in its discretion call in any United States probate attorney as counsel for grantor. The attendance of the grantor or any other person to testify in such matters may be required in like manner as if his testimony were to be heard in a civil action. The court may decline to approve any deed when in his judgment the price is not commensurate with his fair judgment and the grantor is not an heir of deceased. Provided, the district court may authorize the sale and conveyance of any such land for cash or one-fourth (1/4) cash and the balance in yearly payments of one-fourth (1/4) each, with interest on such deferred payments at the rate of not less than six percent (6%) per annum; Provided further, that in all sales upon deferred payments such payments shall be secured by first mortgage upon the lands conveyed.
Laws 1915, c. 198, § 3.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-905. This law exclusive - Repeal of conflicting laws - Court rules.

The provisions of this act shall constitute the exclusive law governing the procedure relative to the conveyance of inherited lands by adult full-blood Indian heirs. All provisions of law heretofore enacted in conflict herewith are hereby repealed and set aside, and no court shall have the power to promulgate or enforce any rules in conflict with this act.
Laws 1915, c. 198, § 5.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-924. Oil, gas and mineral leases by executors and administrators or guardians - Proceeding in district court - Petition.

Administrators and executors of estates of deceased persons and guardians of the estates of minors and incompetent persons are hereby authorized to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of said deceased persons, or of said minors or incompetent persons, for a term not to exceed ten (10) years and as long thereafter as oil, gas or other minerals may be produced in paying quantities, upon compliance with this act, and the district court in which said guardianship or administration proceedings are pending shall have jurisdiction to order said sale upon the filing of a petition therein alleging that the estate of said deceased person or the estate of said minor or incompetent ward is the owner of the lands which shall be described in said petition, and that the same have a probable value for oil and gas mining purposes, and that the estate of said deceased person or of said ward is not financially able or that it is impractical for said estate to explore said land for oil and gas, and that it is to the best interest of the estate to lease said lands at public auction to the highest bidder for cash, which petition shall be verified by said administrator, executor or guardian, and if it involves lands belonging to the estates of deceased persons, the petition shall set forth the names and post office addresses of the heirs of such deceased persons. If the will of any such deceased person empowers the executor to sell oil and gas or other mineral leases upon the lands of the testator, 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 sale and execution of the lease shall be deemed to be a sale of property and subject to Section 1299 of Oklahoma Statutes, 1931. The word "land" or "lands" as used herein, includes any oil, gas or other mineral rights or interests in lands which may be leaseable.
Laws 1937, p. 4, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
7. a description of the search or the inquiry concerning the location of the absentee.
Laws 1937, p. 5, § 3.
2023 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; and
2. 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; and
3. 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-963. Presentation of proposed lease to court - Review by court - Approval - Bond.

On the date fixed in the notice in the last preceding section, if a proposed lease, or leases, shall have been presented to the administrator, administrator with will annexed, executor, or guardian which shall meet with the approval of said administrator, administrator with will annexed, executor or guardian he shall present the same to the district court administering the estate of said decedent or minor or incompetent person, and on said date the district court shall review the said proposed lease or leases which shall have been approved by said administrator, administrator with will annexed, executor or guardian, and any objections interposed thereto, and shall ascertain whether it shall be to the best interest of the estate of said deceased person, minor or incompetent to enter into said proposed lease, or any of said proposed leases, and, if it shall be to the best interest of the estate of said deceased person, minor or incompetent person shall approve that one which shall in the opinion of said district court be most advantageous to the estate of said deceased person, or minor or incompetent person. The court shall direct the administrator, administrator with will annexed, executor or guardian to execute the lease upon there being furnished to him a bond, conditioned for faithful performance of said lease by the lessee, in a sum equal to one-fifth (1/5) of the total rental to be paid under said lease, or the rental for two (2) years, or the value of the improvements agreed to be placed upon said leased property by the lessee, whichever is the greater. In case said lease shall not have a definite sum upon which to base such percentage the district court shall estimate the amount of the prospective rental for the lease period and fix the bond accordingly.
Laws 1953, p. 252, § 3.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1001. Disposition of property upon insufficient evidence of survivorship.

Where the title to property or the devolution thereof depends upon priority of death of two or more persons and there is no sufficient evidence to establish that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this act.
Added by Laws 1959, p. 395, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1002. Beneficiaries.

If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence to establish that the two have died otherwise than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence to establish that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of such beneficiaries had survived.
Laws 1959, p. 395, § 2.