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2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-504. Decree.

If, after a full hearing upon the application and objections, and examination of the facts and circumstances of the claim, the court is satisfied that the person claiming to be entitled to such conveyance is entitled thereto, a decree authorizing and directing the executor or administrator to execute a conveyance of the real estate described in the application to such person shall be made, entered on the minutes of the court, and recorded.
R.L.1910, § 6413; Laws 1975, c. 13, § 4, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-505. Deed and record.

The executor or administrator must execute the conveyance according to the directions of the decree, a certified copy of which shall be recorded with the deed in the office of the county clerk of the county where the real estate is situated, and shall be prima facie evidence of the correctness of the proceedings and of the authority of the executor or administrator to make the conveyance.
R.L.1910, § 6414; Laws 1975, c. 13, § 5, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-507. Effect of conveyance.

Every conveyance made pursuant to a decree of the district court, as provided in this chapter, shall pass the title to the estate contracted for as fully as if the contracting party himself was still living and executed the conveyance.
R.L.1910, § 6416; Laws 1953, p. 241, § 41; Laws 1975, c. 13, § 6, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-510. Death of claimant.

If the person entitled to the conveyance dies before an application is filed, as provided in this chapter, or before the completion of the conveyance, any person entitled to succeed to his rights in the contract, or the executor or administrator of such decedent, may, for the benefit of the person or persons so entitled, commence such proceedings,or pursue any proceedings already commenced, and the conveyance shall be so made as to vest title in the person or persons entitled thereto, or in the executor or administrator, for their benefit.
R.L.1910, § 6419; Laws 1953, p. 241, § 42; Laws 1975, c. 13, § 8, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-511. Decree may order possession.

The decree provided for in this chapter may direct the possession of the real estate therein described to be surrendered to the person or persons entitled thereto, at the time when, by the terms of the contract, possession is to be surrendered.
R.L.1910, § 6420; Laws 1953, p. 241, § 43; Laws 1975, c. 13, § 9, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-512. Transfer of property to governmental entities - Approval by district court.

In any proceedings involving any estate which is being probated, or when a minor or incompetent person has a legal guardian, the administrator or executor of such estate, or the guardian of such minor or incompetent person, shall have authority to execute all instruments of conveyance of any degree of title to the State of Oklahoma or any agency or political subdivision thereof, or the United States Government or any agency thereof, on behalf of said estate, minor or incompetent person without other proceedings than approval by the judge of the district court endorsed on said instruments of conveyance and the amount of consideration shown thereon.
Laws 1967, c. 370, § 1, emerg. eff. May 22, 1967; Laws 1975, c. 13, § 10, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-521. Promise to pay debts of decedent.

No executor or administrator is chargeable upon any special promise to answer damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such executor or administrator, or by some other person by him thereunto specially authorized.
R.L.1910, § 6421.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-522. Representative chargeable with whole estate.

Every executor or administrator is chargeable in his account with the whole of the estate of the decedent which may come into his possession, at the value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit and income of such estate.
R.L.1910, § 6422.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-523. Representative shall not profit or lose.

He shall not make profit by the increase, nor suffer loss by the decrease or destruction, without his fault, of any part of the estate. He must account for the excess when he sells any part of the estate for more than the appraisement, and if any part he sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made.
R.L.1910, § 6423.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-525. Expenses and compensation.

He shall be allowed all necessary expenses in the care, management and settlement of the estate, and for his services such fees as are provided in this chapter, but when the decedent, by his will, makes some other provision for the compensation of his executor, that shall be a full compensation for his services, unless by a written instrument, filed in the district court, he renounces all claim for compensation provided by the will.
R.L.1910, § 6425. Amended by Laws 1953, p. 241, § 44.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-527. Fees and commissions.

A. When no compensation is provided by the will, or the executor renounces all claim thereto, he must be allowed commissions upon the amount of the whole estate accounted for by him, excluding all property not ranked as assets, as follows:
1. For the first thousand dollars, at the rate of five percent (5%);
2. For the next Five Thousand Dollars ($5,000.00), at the rate of four percent (4%); and
3. For all amounts above Six Thousand Dollars ($6,000.00), at the rate of two and one-half percent (2 1/2%); and the same commission must be allowed administrators.
In all cases such further allowance may be made, as the judge of the district court may deem just and reasonable, for any extraordinary service. The total amount of such allowance must not exceed the amount of commissions allowed by this section.
B. Co-executors and co-administrators shall be entitled, as a unit, to the same fee allowable to a single executor or administrator, which shall be divided among them as the court may determine, unless they agree to a different division and the division is approved by the court.
C. An executor or administrator who does not serve during the entire administration of an estate shall be entitled to only a portion of the fee provided in subsection A of this section, and such portion shall be determined by the court in its discretion.
R.L. 1910, § 6427; Laws 1992, c. 395, § 10, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-541. Accounting - Waiver - Sufficiency.

At the final accounting for settlement of the estate or at any other time required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the court, an exhibit under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate and the names of the claimants, and all other matters necessary to show the condition of its affairs; provided, however, that if waived in writing by all persons entitled to distribution or if the personal representative is the sole recipient, no itemized accounting of income and expenses shall be required in the final accounting. It shall be sufficient for the personal representative to state under oath that:
1. All income has been properly received and expenses lawfully made;
2. All allowed and approved claims have been paid;
3. All funeral expenses, taxes and costs of the administrator have been paid; and
4. The estate is ready for closing.
R.L. 1910, § 6428. Amended by Laws 1994, c. 234, § 1, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-543. Petition by third person for accounting.

Any person interested in the estate may, at any time before the final settlement of accounts, present his petition to the judge of the district court, praying that the executor or administrator be required to appear and render such exhibit, setting forth the facts showing that it is necessary and proper that such an exhibit should be made.
R.L.1910, § 6430.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-544. Action upon petition.

If the judge be satisfied, either from the oath of the applicant or from any other testimony offered, that the facts alleged are true, and considers the showing of the applicant sufficient, he must issue a citation to the executor or administrator, requiring him to appear at some day named in the citation, and render an exhibit as prayed for.
R.L.1910, § 6431; Laws 1953, p. 241, § 46.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-545. Contest of the exhibit - Examination.

When an exhibit is rendered by an executor or administrator, any person interested may appear, and by objections in writing, contest any account or statement therein contained. The court may examine the executor or administrator, and if he has been guilty of neglect, or has wasted, embezzled, or mismanaged the estate, his letters must be revoked.
R.L.1910, § 6432.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-548. Representative or guardian may be cited by successor - Accounting by personal representative of deceased executor, administrator or guardian.

When the authority of an executor or administrator or of the guardian of any incompetent or insane or minor person ceases or is revoked for any reason he may be cited to account before the district court at the instance of the person succeeding to the administration or the guardianship of the same estate, in like manner as he might have been cited by any person interested in the estate during the time he was such executor or administrator or guardian.
If the executor or administrator, or if the guardian of any incompetent or insane or minor person dies, his accounts may be presented by his personal representative to, and settled by, the court in which the estate of which he was executor or administrator or guardian, is being administered, or is pending, and, upon petition of the successor of such deceased executor or administrator, or guardian, such court shall compel the personal representative of the deceased executor or administrator or guardian to render an account of the administration or guardianship of his testator or intestate, or ward as the case may be, and must settle such account as in other cases.
R.L.1910, § 6435; Laws 1941, p. 232, § 1; Laws 1949, p. 386, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-549. Letters revoked for continued failure.

If the executor or administrator resides out of the county, or absconds, or conceals himself so that the citation cannot be personally served and neglects to render an account within thirty (30) days after the time prescribed in this chapter, or if he neglects to render an account within thirty (30) days after being committed where the attachment has been executed, his letters must be revoked.
R.L.1910, § 6436; Laws 1953, p. 241, § 47.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-550. Vouchers or other proof of payment to accompany account.

In rendering his account, the executor or administrator must, upon request of the court or an interested party, file vouchers or other proof of payment for all charges, debts, claims, and expenses which he has paid, which must remain in the court; and he may be examined on oath touching such payments, and also touching any property and effects of the decedent, and the disposition thereof. When any voucher or other proof of payment is required for other purposes, it may be withdrawn on leaving a certified copy on file; if a voucher or other proof of payment is lost, or for other good reason cannot be produced on the settlement, the payment may be proved by the oath of any competent witness.
R.L. 1910, § 6437. Amended by Laws 1994, c. 234, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-552. Notice of settlement of account.

When any account other than a final account is rendered for settlement the court must appoint a day for the settlement thereof. The court shall require such notice as it deems proper or may waive notice.
R.L.1910, § 6439; Laws 1969, c. 302, § 21, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-553. Date of hearing - Notice of final settlement.

Every account for the final settlement and petition for distribution of an estate shall stand for hearing at a date to be fixed by the court, not less than twenty (20) days after the filing thereof; and notice of such hearing shall be given by mailing written or printed copies of the notice of such hearing to the heirs, legatees and devisees whose addresses are known, and deposited in the post office with the postage thereon prepaid, at least ten (10) days before the hearing, and said notice of such hearing shall also be given by publication once each week for two (2) consecutive weeks in a newspaper published in the county, showing the name of the decedent and of the executor or administrator, the date of the hearing, and that such account is for final settlement and distribution: Provided, any number of accounts may be included in one notice and the cost of publication thereof divided among the estates whose settlements are advertised therein.
R.L.1910, § 6440; Laws 1953, p. 241, § 48; Laws 1969, c. 302, § 22, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-555. Contest by heirs.

All matters, including allowed claims not passed upon on the settlement of any former account, or on rendering an exhibit, or on making a decree of sale, may be contested by the heirs for cause shown. The hearing and allegations of the respective parties may be postponed from time to time, when necessary, and the court may appoint one or more referees to examine the account and make report thereon, subject to confirmation; and may allow a reasonable compensation to the referees, to be paid out of the estate of the decedent.
R.L.1910, § 6442.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-556. Settlement conclusive - Exception.

The settlement of the account and the allowance thereof by the court, or upon appeal, is conclusive against all persons in any way interested in the estate, saving, however, to all persons laboring under any legal disability, their right to move for cause to reopen and examine the account, or to proceed by action against the executor or administrator, either individually or upon his bond, at any time before final distribution; and in any action brought by any such person, the allowance and settlement of such account is prima facie evidence of its correctness.
R.L.1910, § 6443.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-581. Investment of funds.

A. Pending the settlement of any estate on the petition of the personal representative or any heir, legatee or devisee of the decedent, the court may order any money in the hands of the personal representative to be invested for the benefit of the estate, in United States Government obligations, in the form of securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940; provided, that the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations, and provided further, that any such investment company or investment trust shall take delivery of such collateral, either directly or through an authorized custodian. Such order can only be made after such notice of the petition to the heirs, legatees, devisees, or personal representative as the court may direct.
B. Pending the settlement of any estate, the personal representative, unless expressly provided to the contrary in the will of the decedent, may invest estate funds in United States government obligations directly and in accounts fully insured by the United States government, without any order of the court.
Amended by Laws 1986, c. 106, § 1, emerg. eff. April 5, 1986; Laws 1991, c. 148, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-591. Order of payment of debts.

The debts of the estate must be paid in the following order:
1. Funeral expenses.
2. The expenses of the last sickness.
3. Funds necessary for the support of the family and allowed by the court pursuant to the provisions of this chapter.
4. Taxes to the United States or the state, county, or city.
5. Debts having preference under the laws of the United States and of this state.
6. Judgments rendered against the decedent in his lifetime, which are liens upon his property and mortgages in the order of their date.
7. Demands or claims which are presented to the executor or administrator for an allowance or proved within two (2) months after the first publication of notice to creditors.
8. All other demands against the estate except those set forth in paragraph 9 of this section.
9. Interest resulting from the extension of time for payment of federal estate or transfer taxes. Such interest shall be a cost of administration but shall not be deductible in arriving at the Oklahoma net taxable estate under Section 808 (g) of Title 68.
R.L.1910, § 6447; Laws 1953, p. 242, § 50; Laws 1967, c. 136, § 1, emerg. eff. April 27, 1967; Laws 1980, c. 249, § 1, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-594. When certain expenses paid.

The executor or administrator, as soon as he has sufficient funds in his hands, must pay the funeral expenses, and the expenses of the last sickness, and the allowance made to the family of the decedent. He may retain in his hands the necessary expenses of administration, but he is not obliged to pay any other debt or any legacy until, as prescribed in this chapter, the payment has been ordered by the court.
R.L.1910, § 6450; Laws 1953, p. 242, § 51.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-595. Order for the payment of debts.

Upon the settlement of the accounts of the personal representative, at the end of the year, as required in this title, the court must make an order for the payment of the debts, as the circumstances of the estate require. If there be not sufficient funds in the hands of the personal representative to pay in full all the allowed debts, the court must specify in the decree the sum to be paid to each creditor. If the whole assets of the estate be exhausted by such payments, such account must be considered as a final account, and the personal representative is entitled to his discharge on producing and filing the necessary supporting documents and proofs showing that such payments have been made, and that he has fully complied with the decree of the court.
Amended by Laws 1988, c. 228, § 14, emerg. eff. June 22, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-596. Payment of unmatured, contingent, or disputed claims.

Subject to the provisions of Section 5 of Title 46 of the Oklahoma Statutes, if there is any claim not due, or any contingent or disputed claim against the estate, the court may direct that the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, established or absolute, be paid into the court, and there remain, to be paid over to the party when he becomes entitled thereto, or the court may direct that such claim be satisfied in some other manner as determined by the court in its discretion; or, if the party fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If any creditor whose claim has been allowed, but is not yet due, appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this section are not to be made when the estate is insolvent, unless a pro rata distribution is ordered.
R.L. 1910, § 6452; Laws 1992, c. 395, § 11, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-597. Liability of representative after order.

When a decree is made by the district court for the payment of a decedent's creditors, the personal representative is personally liable to each creditor for his allowed claim, or the dividend thereon, and execution may be issued on such decrees as upon any civil judgment in the district court, in favor of each creditor, and the same proceeding may be had under such execution as if it had been issued as any civil judgment. The personal representative is liable therefor on his bond to each creditor.
Amended by Laws 1988, c. 228, § 15, emerg. eff. June 22, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-598. Rights of creditors not included in order.

When the accounts of the personal representative have been settled, and an order made for the payment of debts, no creditor whose claim was not included in the order for payment has any right to call upon any creditor who has been paid, or upon the heirs, devisees, or legatees, to contribute to the payment of his claim; but if the personal representative has failed to give the notice to creditors as required in Section 331 of this title, such creditor may recover on the bond of the personal representative the amount of his claim, or such part thereof as he would have been entitled to had it been allowed. This section shall not apply to any creditor whose claim was not due as of the presentment date specified in the notice to creditors.
Amended by Laws 1988, c. 228, § 16, emerg. eff. June 22, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-611. Payment of legacies and distribution of estate - Extension of time for final settlement.

If the whole of the debts has been paid pursuant to the order for payment of debts as required by Section 595 of this title, the court may, upon compliance with the provisions of this title relating to petitions for distribution or partial distribution, direct the payment of legacies and the distribution of the estate among the heirs, legatees, devisees, or other persons entitled as provided in this title; but if there be any debt remaining unpaid or if, for any other reason, the estate be not in a proper condition to be closed, the court must give such extension of time as may be reasonable for a final settlement of the estate.
Amended by Laws 1988, c. 228, § 17, emerg. eff. June 22, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-612. Final account and settlement.

At the time designated in the last section, or sooner, if within that time all the property of the estate has been sold, or there are sufficient funds in his hand, for the payment of all debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator must render a final account, and pray a settlement of his administration.
R.L.1910, § 6456.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-613. Provisions applying to final settlement.

If he neglect to render his account, the same proceedings may be had as prescribed in this chapter in regard to the first account to be rendered by him; and all the provisions of this chapter relative to the last mentioned account, and the notice and settlement thereof, apply to his account presented for final settlement.
R.L.1910, § 6457; Laws 1953, p. 243, § 54.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-621. Petition for legacy or share of estate.

At any time after the lapse of three (3) months from the issuing of letters testamentary or of administration, any heir, devisee or legatee or personal representative of the estate of the decedent on behalf of such heir, devisee or legatee may present his petition to the court for the legacy or shareof the estate to which he is entitled, to be given to him upon his giving bond, with security, for the payment of his proportion of the debts of the estate unless said bond is not required by the court.
Amended by Laws 1988, c. 329, § 131, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-622. Notice of application - Waiver.

A. Except when the executor or administrator is the petitioner or one of the petitioners, notice of the application shall be given to the executor or administrator by personal service. Notice of the application shall be given to all heirs, devisees and legatees of the decedent by mail. Notice shall be in the form required by the court and shall be given not less than ten (10) days prior to the date set by the court for the hearing on the application.
B. Notice shall not be required if the application notice is waived in writing by all of the heirs, devisees and legatees of the decedent as determined pursuant to the provisions of Section 240 of this title.
Amended by Laws 1988, c. 329, § 132, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-624. Allowance of petition - Order.

If at the hearing it appears that the estate is but little indebted, and that the share of the party applying may be allowed to him without loss to the creditors of the estate, the court must make an order in conformity with the prayer of the applicant, requiring:
1. Each heir, legatee or devisee obtaining such order, before receiving his share of the estate or any portion thereof, to execute and deliver to the executor or administrator a bond, in such sum as shall be designated by the court, with surety or sureties to be approved by the court, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. If the court determines that the circumstances are such that a bond is not necessary, the court may order that no bond shall be required.
2. The executor or administrator to deliver to the heir, legatee or devisee the whole portion of the estate to which he may be entitled, or only a part thereof, designating it.
If, in the execution of the order, a partition is necessary between two or more of the parties interested, it must be made in the manner hereinafter prescribed. The costs of these proceedings shall be paid by the applicant, or if there be more than one, shall be apportioned equally amongst them.
Amended by Laws 1988, c. 329, § 133, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-625. Assessment against legatee or devisee.

When any bond has been executed and delivered, under the provisions of the preceding section, and it is necessary for the settlement of the estate to require the payment of any part of the money thereby secured, the executor or administrator must petition the court for an order requiring the payment, and have a citation issued and served on the party bound, requiring him to appear and show cause why the order should not be made. At the hearing, the court, if satisfied of the necessity of such payment, must make an order accordingly, designating the amount and giving a time within which it must be paid. If the money be not paid within the time allowed, an action may be maintained by the executor or administrator on the bond.
R.L.1910, § 6462.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-631. Distribution.

Upon the final settlement of the accounts of the executor or administrator, or at any subsequent time, upon the application of the executor or administrator, or of any heir, legatee, or devisee, the court must proceed to distribute the residue of the estate in the hands of the executor or administrator, if any, among the persons who by law are entitled thereto, and if the decedent has left a surviving child, and the issue of other children, and any of them, before the close of administration, have died while under age and not having been married, no administration on such deceased child's estate is necessary, but all the estate which such deceased child was entitled to by inheritance, must, without administration, be distributed in accordance with the laws of descent and distribution of this state. A statement of any receipts and disbursements of the executor or administrator, since the rendition of his final accounts, must be reported and filed at the time of making such distribution, and a settlement thereof, together with an estimate of the expenses of closing the estate, must be made by the court and included in the order or decree, or the court or judge may order notice of the settlement of such supplementary account, and refer the same as in other cases of settlement of accounts.
R.L.1910, § 6463; Laws 1953, p. 243, § 55.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-632. Rights fixed by decree.

In the order or decree, the court must name the persons and the proportions or parts to which each shall be entitled, and such persons may demand, sue for and recover their respective shares from the executor or administrator, or any person having the same in possession. Such order or decree is conclusive as to the rights of heirs, legatees or devisees, subject only to be reversed, set aside, or modified on appeal.
R.L.1910, § 6464.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-632.1. Validation of decrees entered prior to January 1, 1941.

In all cases of administration of estates of deceased persons in this state, where the final decrees have been entered prior to January 1, 1941, and which said final decrees are, or may be, defective or invalid by reason of any failure to make, or any defect in, the final account, or in the petition for distribution and determination of heirship, or in the order setting the same hearing, or in the notice of hearing thereon, said final decrees are hereby validated; Provided, however, this act shall not apply to any case wherein action is instituted and maintained to modify or vacate such final decree prior to January 1, 1946, and provided further, that the above shall not apply to insane persons, incompetents, or to any person laboring under legal disability.
Laws 1945, p. 188, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-632.2. Validation of decrees entered prior to January 1, 1951.

In all cases of administration of estates of deceased persons in this state, where the final decrees have been entered prior to January 1, 1951, and which said final decrees are, or may be, defective or invalid by reason of any failure to make, or any defect in, the final account, or in the petition for distribution and determination of heirship, or in the order setting the same for hearing, or in the notice of hearing thereon, said final decrees are hereby validated; provided, however, this act shall not apply to any case wherein action is instituted and maintained to modify or vacate such final decree prior to January 1, 1956, and provided, further, that the above shall not apply to insane persons, incompetents, or to any person laboring under legal disability.
Laws 1955, p. 301, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-632.3. Compliance with notice requirements - Form of final decree - Voidable decree.

1. At the hearing on the final account of any personal representative who has given notice to creditors as provided in this title, the judge shall conduct an inquiry to judicially determine whether the personal representative has complied with the provisions of Sections 243 and 331 of this title.
2. The final decree shall contain a finding in substantially the following form:
a.
That notice to creditors as required by Sections 243 and 331 of this title was given by the personal representative, including notice by mail to all creditors, if any, known to the personal representative as of the date said notice was filed with the district court clerk for the county in which the probate is pending, at their respective last-known addresses; and
b.
That all claims not filed within the time permitted for the presentation of claims are nonsuited, void and forever barred, except as otherwise provided in this title or any claim for which payment is approved in this decree pursuant to Section 335 of this title.
3. A final decree which fails to contain the finding required by this section shall be voidable.
4. If the affidavits required by Section 332 of this title are filed in the probate proceeding for the decedent's estate prior to the entry of the final decree and the final decree contains the findings required by this section, the failure of a personal representative to give actual notice to a creditor shall not impair the marketability of the title to any property, real or personal, distributed from the estate.
5. Marketability of the title to any property, real or personal, sold during the administration of an estate shall not be impaired or affected by the requirements of this title for giving notice to creditors of a decedent.
Added by Laws 1988, c. 228, § 18, emerg. eff. June 22, 1988. Amended by Laws 1992, c. 395, § 12, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-633. Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds.

Upon application for distribution, after final settlement of the accounts of administration, if the decedent was a nonresident of this state, leaving a will which has been duly proved or allowed in the state of his residence, and an authenticated copy thereof has been admitted to probate in this state, or if the decedent died intestate, and an administrator has been duly appointed and qualified in the state of his residence, and it is necessary, in order that the estate, or any part thereof, may be distributed according to the will, or if the court is satisfied that it is for the best interests of the estate, that the estate in this state should be delivered to the executor or administrator in the state or place of the decedent's residence, the court may order such delivery to be made, and, if necessary, order a sale of the real estate, and a like delivery of the proceeds. The delivery, in accordance with the order of the court, is a full discharge of the executor or administrator with the will annexed or administrator, in this state, in relation to all property embraced in such order, which, unless reversed on appeal binds and concludes all parties in interest. Sales of real state, ordered by virtue of this section, must be made in the same manner as other sales of real estate of decedents by order of the court.
R.L.1910, § 6465; Laws 1935, p. 6, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-634. Petition and notice for decree of distribution.

The order or decree may be made on the petition of the executor or administrator, or any person interested in the estate. Notice of the application must be given by publication, if the court so directs. If partition be applied for, as provided in this article, the decree of distribution shall not divest the court of jurisdiction to order partition, unless the estate is finally closed.
R.L.1910, § 6466; Laws 1969, c. 302, § 25, eff. Jan. 1, 1970. R.L.1910, § 6466; Laws 1969, c. 302, § 25, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-634.1. Judgment creditor of heir, legatee or devisee - Petition.

A judgment creditor of an heir, legatee or devisee of an estate shall, in addition to any other remedies now or hereafter provided by law, have the right to petition in probate for total distribution of the estate in the same manner and to the same extent that any person interested in the estate may do under the probate procedure. For the purpose of this act, a judgment creditor means a person who has reduced his claim to a final judgment.
Laws 1970, c. 171, § 1, emerg. eff. April 10, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-635. Taxes paid before decree.

Before any decree of distribution of an estate is made, the district court must be satisfied, by the oath of the executor or administrator, or otherwise, that all state, county, school and municipal taxes, legally levied upon personal property of the estate, and all income and estate taxes due the State of Oklahoma have been fully paid or arrangements satisfactory to the court have been made to secure the payment of same. For deaths occurring on or after January 1, 2010, no release of estate tax liability is necessary pursuant to Section 5 of this act.
R.L.1910, § 6467. Amended by Laws 1953, p. 243, § 56; Laws 1955, p. 301, § 6; Laws 2010, c. 436, § 2, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-652. Partition of common and undivided estates - Procedure.

Whenever an estate, or any part thereof, consisting of either real or personal property, is assigned by the decree of distribution to two or more persons, in common and undivided, such estate may be partitioned in the same proceeding on the petition of any interested person in the manner provided by 12 O.S.1961, Sections 1501 et seq.
Laws 1969, c. 302, § 35, eff. Jan. 1, 1970.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-661. Settlement of advancements.

All questions as to advancements made or alleged to have been made by the decedent to his heirs may be heard and determined by the county court, and must be specified in the decree assigning and distributing the estate; and the final judgment or decree of the district court, or in case of an appeal, of the district court or Supreme Court, is binding on all parties interested in the estate.
R.L.1910, § 6479.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-671. Agent appointed for nonresident.

When any estate is assigned or distributed by a judgment or decree of the district court, to any person residing out of and having no agent in this state, and it is necessary that some person should be authorized to take possession and charge of the same for the benefit of such absent person, the court may appoint an agent for that purpose, and authorize him to take charge of such estate as well as to act for such absent person in the distribution.
R.L.1910, § 6480.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-672. Bond and allowances of agent.

The agent must first give a bond to the State of Oklahoma, to be approved by the judge of the district court, conditioned that he shall faithfully manage and account for the estate. The court appointing such agent may allow a reasonable sum out of the profits of the estate for his services and expenses.
R.L.1910, § 6481; Laws 1963, c. 132, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-673. Sale of property unclaimed for a year.

When personal property remains in the hands of the agent unclaimed for a year, and it appears to the court that it is for the benefit of those interested, it shall be sold under the order of the court and the proceeds, after deducting the expenses of the sale allowed by the court, must be paid into the State Treasury. When the payment is made, the agent must take from the Treasurer duplicate receipts one of which he must file in the office of the State Treasurer, and the other in the district court.
R.L.1910, § 6482; Laws 1979, c. 47, § 34, emerg. eff. April 9, 1979. R.L.1910, § 6482; Laws 1979, c. 47, § 34, emerg. eff. April 9, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-674. Agent to render account.

The agent must render to the district court appointing him, annually, an account, showing:
1. The value and character of the property received by him, what portion thereof is still on hand, what sold, and for what.
2. The income derived therefrom.
3. The taxes and assessments imposed thereon, for what, and whether paid or unpaid.
4. Expenses incurred in the care, protection and management thereof, and whether paid or unpaid.
When such account is filed, the district court may examine witnesses and take proofs in regard to it; and if satisfied from such accounts and proofs that it will be for the benefit and advantage of the persons interested therein, the court may, by order, direct a sale to be made of the whole or such parts of the real or personal property as shall appear to be proper, and the purchase money to be deposited in the State Treasury, to be receipted for and the receipts filed as in like cases before provided.
R.L.1910, § 6483.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-676. Claimant of property.

When any person appears and claims the money paid into the treasury, the district court making the distribution must inquire into such claim, and, being first satisfied of his right thereto, must grant him a certificate to that effect, under its seal; and upon the presentation of the certificate to him, the State Treasurer shall issue a warrant for the amount.
R.L.1910, § 6485; Laws 1979, c. 47, § 35, emerg. eff. April 9, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-691. Discharge of representative.

When the estate has been fully administered, and it is shown by the executor and administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up under the order of the court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the court must make a judgment or decree discharging him from all liability to be incurred thereafter.
R.L.1910, § 6486.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-692. Property discovered after final settlement.

The final settlement of an estate, as hereinbefore provided, shall not prevent a subsequent issue of letters testamentary or of administration, or of administration with the will annexed if other property of the estate discovered, or if it become necessary or proper for any cause that letters should be again issued.
R.L.1910, § 6487.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-692.1. Title to omitted property without subsequent letters.

In the event any property is not specifically described in the inventory or in the final decree or in any other part of the proceedings, if the order or decree names the heirs, or devisees or legatees and the proportions or parts they are entitled to have distributed to them in the residue of the estate, the title of said omitted property is established in the heirs, devisees or legatees in the proportions or parts named, without the necessity of the issuing or subsequent letters testamentary, or of administration, or of administration with the will annexed.
Laws 1953, p. 253, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-694. Search for minor.

If no demand shall be made for such monies within one (1) year after the time it shall appear from the records of such estate that such minor should be of age, the court clerk shall make a diligent endeavor to ascertain his whereabouts, and if found, notify him of his right of such money.
Laws 1915, c. 276, § 2.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-701. Orders and decrees, requisites of.

Orders and decrees made by the district court, or the judge thereof, need not recite the existence of facts, or the performance of acts upon which the jurisdiction of the court or judge may depend, but it shall only be necessary that they contain the matters ordered or adjudged, except as otherwise provided in this chapter. All orders and decrees of the court or judge must be entered at length in the minute book, and upon the close of each regular or special term the judge must sign the same.
R.L.1910, § 6489; Laws 1953, p. 243, § 57.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-702. Publications, how made.

When any publication is ordered, such publication must be made daily or otherwise, as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this chapter. The court or judge may, however, order a less number of publications during the period. And in all cases where notice is required by this chapter to be given by publication, the petitioner, administrator, executor or guardian may designate the newspaper in which such notice is to be published.
R.L.1910, § 6490.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-703. Recorded decree is notice to all persons.

When it is provided in this chapter that any order or decree of a district court or judge, or a copy thereof, must be recorded in the office of the county register of deeds, notice is imparted to all persons of the contents thereof, from the time of filing the same for record.
R.L.1910, § 6491.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-704. Citation must contain what.

Citations must be directed to the person to be cited, signed by the judge; and issue under the seal of the court, and must contain:
1. The caption of the proceeding.
2. A brief statement of the nature of the proceeding.
3. A direction that the person cited appear at a time and place specified.
R.L.1910, § 6492.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-707. Time of service of citation.

When no other time is specially prescribed in this chapter, citations must be served at least five (5) days before the day set for the hearing.
R.L.1910, § 6495; Laws 1972, c. 116, § 1, emerg. eff. March 31, 1972.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-707.1. Persons who may serve - Proof of service.

Whenever personal service of a notice or citation is prescribed in any section of the probate code, service shall be made by any person not personally interested therein unless service of the notice by a sheriff is ordered by the court. Proof of such service by a person other than the sheriff shall be made by affidavit of the person making the service.
Laws 1953, p. 254, § 1.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-708. Description of real property in publication.

When a complete description of the real property of an estate sought to be sold has been given and published in a newspaper, as required in the order to show cause why the sale should not be made, such description need not be published in any subsequent notice of sale, or notice of a petition for the confirmation thereof. It is sufficient to refer to the description contained in the publication of the first notice, as being proved and on file in the court.
R.L.1910, § 6496.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-709. Trials and findings - Judgments, how enforced.

All issues of fact joined in a probate proceeding must be tried by the court, and in all such proceedings, the party affirming is plaintiff, and the one denying or avoiding is defendant. After the hearing, the court shall give in writing the findings of fact and conclusions of law, and judgments thereon, as well as for costs, may be entered and enforced by execution or otherwise, by the court, as in civil actions. If the issues are not sufficiently made up by the written pleadings on file, the court, on due notice to the opposite party, must settle and frame the issues to be tried, and upon which the court may render judgment.
R.L.1910, § 6497; Laws 1972, c. 116, § 2, emerg. eff. March 31, 1972.