PocketLaw | Oklahoma Statutes | Probate Procedure

Probate Procedure

Checkout our iOS App for a better way to browser and research.

Probate jurisdiction and venue of district court.

Venue of probate acts.

Venue in certain cases.

Jurisdiction coextensive with state.

Transfer of old matters authorized.

Transfers already made legalized.

Transfer to county of domicile of minor or ward.

Personal representative defined.

Custodian of will to deliver same to district court.

Who may petition court for proof of will.

Requisites of petition for probate.

Court may compel production of will by one having possession.

Section
58-24.1

Preservation of original will - Removal from custody.

Hearing - Notice, how given.

Heirs, legatees, devisees and executors to be given notice by mail.

Powers of judge at chambers.

Proof of notice - Waiver of notice.

Contest before probate - Persons entitled.

Admission on testimony of one subscribing witness.

Olographic will, how proved.

Notices required to be published once each week for two or more consecutive weeks - Interval.

"Newspaper" defined.

Mailing and proof of mailing - Persons authorized to make.

Proceedings on contest.

Judgment - Recording.

Witnesses on trial of contest - Depositions.

Recording of testimony - Admissibility.

Foreign wills recorded.

Petition - Hearing - Notice - Summary administration.

Proof required.

Causes for contesting will after probate.

Citations issued to whom.

Petition and notices when another will offered.

Hearing and judgment - New will, admitting to probate.

Result of revocation.

Costs of contest.

Probate conclusive, when.

Proceedings in case of lost will.

Special requisites of proof.

Court's certificate - Filing - Letters testamentary.

Restraint of former administration.

Nuncupative wills, how proved.

Nuncupative wills - Special requirements.

Proceedings in contest.

Letters to issue to executor or successor in interest of corporate executor.

Who incompetent as executor.

Failure of executors.

Objections to issue of letters - Letters of administration with will annexed.

Death of an executor.

Executor disqualified by absence or minority.

Two or more personal representatives.

Presumed renunciation of executorship.

Administrators with will annexed - Authority - Letters.

Form of letters testamentary.

Letters of administration with will annexed, form of.

Letters of administration.

Persons entitled to letters of administration.

Preferences.

Where several equally entitled - Creditors.

Letters to guardian of minor entitled.

Who incompetent as administrator.

Requisites of petition for administration.

Notice of hearing.

Contest of petition - Notice.

Hearing of the petition - Order.

Court entry as to proof conclusive.

Letters granted to applicant where no contest.

Proof of death intestate.

Nomination of stranger by person entitled.

Revocation in favor of person entitled.

Notice of such petition.

Hearing - Order.

Surviving spouse - Assertion of prior right.

Oath - Records.

Nonresident representative must appoint agent.

Necessity and requisites of bond.

Condition of bond.

Separate bond for each person - Exception.

Successive recoveries on the bond.

Justification of sureties - Approval of bond - Examination of sureties.

Executor or administrator deposed when bond insufficient.

Bond waived by will.

Petition when bond insufficient - Further security.

Issuance and service of citations.

Hearing and order - New bond.

Revocation of letters for failure to file new bond.

Suspension of powers and removal for failure to give bond or further security - Periodical examination of bonds.

Bond insufficient - Citation on personal knowledge of judge.

Release, application by surety for - Issuance and service of citation.

Release allowed, when.

Refusal to give new sureties - Revocation of letters.

Hearings out of term time.

Special administrators appointed, when.

How appointed - Notice.

Preference.

Bond and oath of special administrator.

Duties of special administrator.

Special administrator superseded by regular appointee.

Account, special administrator must render.

Letters of administration revoked on proof of will.

Rights of executor or administrator with will annexed.

Surviving executor or administrator - Duties.

New administrator appointed, when.

Resignation and settlement - Revoking letters.

Acts before revocation of letters are valid.

Proof of appointment.

Duty of judge in case of embezzlement - Reports.

Citation on suspension - Revocation of letters.

Hearing of the issues.

Attendance of executor or administrator may be compelled.

Notice by publication, when.

Petition - Consent - Orders to be entered - Withdrawal of waivers or consents - Consent not required, when.

Determination of heirs, devisees and legatees under certain circumstances - Hearing without notice.

Dispensing with regular proceedings in estates under $150,000 - Notice to creditors and notice of hearing - Procedure.

Probate of will as conclusive.

Limitation of claims.

Petition for summary administration - Conditions - Requirements.

Petition for summary administration - Notice.

Petition for summary administration - Hearing - Order.

Powers and duties of executors and administrators.

Actions.

Action for waste, trespass and conversion.

Certain actions against representatives.

Repealed by Laws 1997, c. 399, § 71, eff. Nov. 1, 1997.

Action against predecessor.

Joinder of parties.

Compromise with debtors allowable.

Fraudulent conveyances, recovery of.

Creditors must secure costs.

Sale of realty recovered.

Foreign executors and administrators - Right of action - Proof of authority - Security - Release of mortgages.

Conducting going business.

Borrowing money to pay taxes - Mortgage or pledge of assets.

Approval of contract by judge of district court - Procedure - Limitation to two thirds of appraised value, exception as to.

Renewal or extension of time of payment.

Validation of prior contracts.

Action against nonprobate beneficiaries for state and federal estate tax - Notice - Costs and attorney fees.

Executor or administrator - Powers.

Inventory of estate.

Appraisement.

Section
58-282.1

Release of real estate tax liability - Request - Notice and hearing - Determination - Order.

Oath of appraisers - Their duties.

Inventory to contain account of monies - Appraisement unnecessary, when.

Executor liable for debt to decedent.

Bequest to executor or another debtor of his debt.

Return of inventory.

Refusal to return inventory - Penalty - Revocation of letters.

Additional inventory.

Rights and duties of representative - Possession of property - Homestead - Heirs, actions by.

Embezzlement before issue of letters - Civil liability - Exemption for financial institutions with valid security interests.

Complaint on embezzlement - Citation.

Trial and judgment.

Account by third person entrusted with property.

Property to be delivered to the family - Homestead.

Exempt property also allowed family.

Homestead exempt from debt or liability.

Additional allowance for maintenance during settlement of estate.

Allowance a preferred claim.

Who entitled to property set apart.

When widow has independent income.

Notice to creditors to present claims.

Section
58-331.1

Identification of creditors.

Section
58-331.2

Mailing of notice to creditors - Personal delivery of notice.

Affidavit of mailing or personal delivery.

Bar of claims not presented in time - Exceptions.

Signing of claim - Contents of claim - Proof of claim.

Claims paid when not proved and allowed.

Claim by district judge - Proceedings.

Allowance and rejection of claims.

Claims filed in court after allowance.

Suit on rejected claim

Claims barred by statute not allowed - Hearing before judge.

Claim must be presented before suit.

Vacancy in administration not included in limitation.

Partial allowance of claim.

Judgment only establishes claim.

Judgments before death, how collected.

Death between verdict and judgment.

Reference of claim to third person.

Duties of the referee - Proceedings.

Costs against representative.

Claim by personal representative.

Neglect to give notice to creditors.

Statement of claims.

Payment of interest-bearing claims not due.

Short title.

Property not exempt may be sold for debt.

Sales - Reports - Confirmation by court.

Petition for orders for sale

Order of sale - Requirements.

Authority to renew or extend mortgage or execute new mortgage.

Section
58-385.1

Verified petition by guardian - Contents - Limitations.

Section
58-385.2

Hearing on guardian's petition - Notice.

Section
58-385.3

Order for guardian to borrow money, execute mortgage, etc. - Additional bond - Approval.

Section
58-385a

Borrowing money - Mortgage of estate realty - Grant of authority by district court.

Section
58-385b

Petition - Contents - Time for filing - Limitations.

Section
58-385c

Hearing on petition - Notice.

Section
58-385d

Order to borrow money and mortgage realty - Execution of notes and mortgage - Additional bond.

Notice of hearing on petition.

What personal property may be sold without notice.

Sale of personalty.

Partnership interests, etc., may be sold.

Section
58-391.1

Notice of sale of personalty at public auction - Place of sale - Return of proceedings - Hearing.

Section
58-391.2

Notice of sale of personalty at private sale - Place of sale - Return of proceedings - Hearing.

Payment or delivery of property to successor by affidavit.

Discharge and release upon payment or delivery of property by affidavit.

Realty may be sold.

Application for sale of realty.

Order for hearing on the petition.

Notice of order.

Hearing of petition.

Witnesses.

Sale of all rather than part of realty.

Order of sale.

Order, terms and method of the sale.

Petition for sale by third person.

Notice of sale at public auction.

Place and time of sale.

Private sale - Notice of - Bids.

Relationship of sale price to appraisement - Exception of sale under authority of will.

Security when sale is made on credit.

Return of sale - Hearing.

Objections to confirmation of return.

Confirmation of sale - Resale, when.

Conveyance and record - Effect of.

Proof of notice before order.

Postponement of sale.

Notice of postponement.

Provisions of the will must be followed.

Sale of property under the will - Confirmation.

Section
58-462.1

Partition of property under the will - Sale

When provisions of will are insufficient.

Estate liable for debts.

Section
58-471.1

Liability as dependent on time of granting letters.

Contribution from devisees and legatees.

Contract for the purchase of lands may be sold.

Terms of the sale of land contract.

What bond must specify.

Assignment of contract.

Sale of land subject to mortgage.

Holder of mortgage may purchase land.

Misconduct in sale.

Fraudulent sale - Damages.

Limitation of action to recover.

Persons under disabilities excepted.

Account of sale.

Representative cannot be a purchaser.

Contract with agent to procure purchaser.

Sale on increased bid to purchaser not procured by agent holding contract.

Sale on increased bid procured by agent.

Representative to make deed under decedent's contract.

Application and hearing.

Hearing.

Decree.

Deed and record.

Effect of conveyance.

Enforcement of decree.

Death of claimant.

Decree may order possession.

Transfer of property to governmental entities - Approval by district court.

Promise to pay debts of decedent.

Representative chargeable with whole estate.

Representative shall not profit or lose.

Representative not chargeable with uncollected debts.

Expenses and compensation.

Cannot purchase claims.

Fees and commissions.

Accounting - Waiver - Sufficiency.

Citation upon failure.

Petition by third person for accounting.

Action upon petition.

Contest of the exhibit - Examination.

Penalty for refusal to account after citation. If any executor or administrator neglects or refuses to appear and render an exhibit, after having been duly cited, an attachment may be issued against him and such exhibit enforced, or his letters may be revoked, in the discretion of the court.

Repealed by Laws 1994, c. 234, § 8, eff. Sept. 1, 1994.

Representative or guardian may be cited by successor - Accounting by personal representative of deceased executor, administrator or guardian.

Letters revoked for continued failure.

Vouchers or other proof of payment to accompany account.

Repealed by Laws 1994, c. 234, § 8, eff. Sept. 1, 1994.

Notice of settlement of account.

Date of hearing - Notice of final settlement.

Exceptions to the account.

Contest by heirs.

Settlement conclusive - Exception.

Proof of notice.

Investment of funds.

Order of payment of debts.

Limit as to mortgage.

Method of payment.

When certain expenses paid.

Order for the payment of debts.

Payment of unmatured, contingent, or disputed claims.

Liability of representative after order.

Rights of creditors not included in order.

Payment of legacies and distribution of estate - Extension of time for final settlement.

Final account and settlement.

Provisions applying to final settlement.

Petition for legacy or share of estate.

Notice of application - Waiver.

Who may resist petition.

Allowance of petition - Order.

Assessment against legatee or devisee.

Distribution.

Rights fixed by decree.

Section
58-632.1

Validation of decrees entered prior to January 1, 1941.

Section
58-632.2

Validation of decrees entered prior to January 1, 1951.

Section
58-632.3

Compliance with notice requirements - Form of final decree - Voidable decree.

Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds.

Petition and notice for decree of distribution.

Section
58-634.1

Judgment creditor of heir, legatee or devisee - Petition.

Taxes paid before decree.

Partition of common and undivided estates - Procedure.

Settlement of advancements.

Agent appointed for nonresident.

Bond and allowances of agent.

Sale of property unclaimed for a year.

Agent to render account.

Liability of agent on bond.

Claimant of property.

Petition by nonresident - Contents - Hearing - Objections.

Discharge of representative.

Property discovered after final settlement.

Section
58-692.1

Title to omitted property without subsequent letters.

Disposition of monies due minor without guardian - Person whose whereabouts is unknown - Person refusing to accept and receipt - Investment of funds - Dead heirs or legatees.

Search for minor.

Death of minor - Disposition of moneys.

Orders and decrees, requisites of.

Publications, how made.

Recorded decree is notice to all persons.

Citation must contain what.

Service of citation.

Personal notice, how given.

Time of service of citation.

Section
58-707.1

Persons who may serve - Proof of service.

Description of real property in publication.

Trials and findings - Judgments, how enforced.

Attorney appointed by the court, when.

Recording of judgment or decree or notice of judgment or decree relating to real property.

Revocation of letters for contumacy.

Proof of death of person in military, naval or maritime service - Time for distribution.

Joinder of proceedings relating to different estates.

Setting out or disclosing facts.

Orders fixing date of hearing and notice thereof - Signing.

Computation of time.

Section
58-718.1

Proceedings for appointment of executor or administrator - Notice to creditors.

Section
58-718.2

Accounting and distribution.

Section
58-718.3

Other papers, pleadings, and orders.

Section
58-718.4

Certified copies as evidence.

Section
58-719.1

Service of notices on Governor and Attorney General.

Section
58-719.2

Consent by Governor to sale of property of estate.

Appealable judgments and orders of district court.

Party in default may not appeal.

Vacation of judgment.

Probate appeals taken as appeals in other cases.

Appeal does not stay issue of letters.

Appeal does not stay order revoking letters, etc.

Reversal for error does not affect lawful acts.

Renumbered as § 4-709 of Title 30 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
58-898.1

Renumbered as § 2-116 of Title 30 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

District courts may approve deeds.

Petition for approval - Requirements.

Hearings in district court - Terms of sale.

This law exclusive - Repeal of conflicting laws - Court rules.

Petition for determination - Hearing - Notice - Order and decree - Filing.

Termination of joint tenancy or life tenancy with remainder interest by affidavit.

Section
58-912.1

Forms.

Oil, gas and mineral leases by executors and administrators or guardians - Proceeding in district court - Petition.

Order of court authorizing lease - Public auction - Notice.

Sale of lease to highest bidder - Return of sale - Confirmation and approval by district court.

Validation of prior leases.

Unitizing with adjacent lands.

Section
58-928.1

Oil and gas leases having a bonus value not exceeding One Hundred Fifty Dollars - Sale of.

Section
58-929.1

Sales and agreements by administrators and executors - Approval.

Section
58-929.2

Filing of verified applications for approval - Contents.

Section
58-929.3

Notice of hearing an application - Lands in other counties.

Section
58-929.4

Hearing - Appearances - Approval.

Section
58-929.5

Confirmation - Additional bond.

Easements for pipelines, transmission lines, highways and dams - Administrators and executors or guardians - Authority as to.

Application and hearing on granting of easement - Notice - Approval.

Presumption of death - Issuance of letters testamentary or of administration.

Petition for letters - Venue.

Contents of petition.

Date for hearing - Notice - Proof of publication and mailing.

Persons entitled to appear.

Hearing - Presumption of death - Search or inquiry - Decree - Issuance of letters testamentary or of administration.

Power to lease or extend lease - Term - Petition - Persons entitled to be heard.

Setting for hearing - Notice - Finding - Order.

Presentation of proposed lease to court - Review by court - Approval - Bond.

Section
58-1001

Disposition of property upon insufficient evidence of survivorship.

Section
58-1002

Beneficiaries.

Section
58-1003

Joint tenants or tenants by the entirety.

Section
58-1004

Husband and wife.

Section
58-1005

Life or accident policies - Annuity contracts - Distribution of proceeds.

Section
58-1006

Inapplication in certain cases.

Section
58-1007

Construction and interpretation.

Section
58-1008

Citation.

Section
58-1051

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1052

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1053

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1055

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1056

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1058

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1059

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1060

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1061

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1062

Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.

Section
58-1063

Supervised power of attorney.

Section
58-1071

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1072

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1072.1

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1072.2

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1072.3

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1073

Disability, incapacity, or extended absence of principal not affecting acts done pursuant to durable power of attorney.

Section
58-1074

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1075

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1076

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1077

Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.

Section
58-1081

Standards of conduct and liability.

Section
58-1101

Application of act.

Section
58-1102

Petition - Filing - Contents.

Section
58-1103

Hearing - Notice.

Section
58-1104

Admission of will to probate - Appointment of surviving spouse as personal representative - Duties of representative.

Section
58-1105

Final account - Filing - Requisites - Petition.

Section
58-1106

Final account and petition - Date, time and place - Notice - Hearing.

Section
58-1201

Short title.

Section
58-1202

Definitions.

Section
58-1203

Applicability of law - Custodianship.

Section
58-1204

Nomination of custodian.

Section
58-1205

Irrevocable transfers to custodian.

Section
58-1206

Personal representatives or trustees - Irrevocable transfers to custodian.

Section
58-1207

Personal representatives, trustees or guardians - Irrevocable transfers to adult or trust company as custodian.

Section
58-1208

Persons holding property of or owing debt to minor - Irrevocable transfers to custodian.

Section
58-1209

Acknowledgment of delivery.

Section
58-1210

Creation of custodial property - Transfers.

Section
58-1211

Limitations on transfers.

Section
58-1212

Validity and effect of transfers.

Section
58-1213

Powers and duties of custodians.

Section
58-1214

Rights, powers and authority of custodians over property.

Section
58-1215

Delivery or payment to minor - Expenditures for minor's benefit.

Section
58-1216

Expenses and compensation of custodian - Bond.

Section
58-1217

Persons dealing with purported custodian - Responsibilities.

Section
58-1218

Claims against custodial property - Liability of custodian or minor.

Section
58-1219

Successor or substitute custodian.

Section
58-1220

Accounting by custodian.

Section
58-1221

Minor's death or attainment of majority.

Section
58-1222

Transfer under other laws after effective date of act.

Section
58-1223

Transfers under other law prior to effective date.

Section
58-1224

Application and construction.

Section
58-1225

Inapplicability of law to certain transfers - Effect.

Section
58-1251

Short title.

Section
58-1252

Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed.

Section
58-1253

Transfer-on-death, form.

Section
58-1254

Revocation or change of grantee beneficiary - Effect of will.

Section
58-1255

Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer.

Section
58-1256

Effect of deed on joint tenancy – “Joint owner” defined.

Section
58-1257

Record owner considered absolute owner.

Section
58-1258

Transfer-on-death deed not considered testamentary disposition.

Section
58-3001

Short title - Uniform Power of Attorney Act.

Section
58-3002

Definitions.

Section
58-3003

Applicability.

Section
58-3004

Power of attorney is durable.

Section
58-3005

Execution of power of attorney.

Section
58-3006

Validity of power of attorney.

Section
58-3007

Meaning and effect of power of attorney.

Section
58-3008

Nomination of guardian – Relation of agent to court-appointed fiduciary.

Section
58-3009

When power of attorney effective.

Section
58-3010

Termination of power of attorney or agent's authority.

Section
58-3011

Coagents and successor agents.

Section
58-3012

Reimbursement and compensation of agent.

Section
58-3013

Acceptance as agent.

Section
58-3014

Agent's duties.

Section
58-3015

Exoneration.

Section
58-3016

Judicial relief.

Section
58-3017

Agent's liability.

Section
58-3018

Agent's resignation - Notice.

Section
58-3019

Acceptance of and reliance upon acknowledged power of attorney.

Section
58-3020

Liability for refusal to accept acknowledged power of attorney.

Section
58-3021

Principles of law and equity.

Section
58-3022

Laws applicable to financial institutions and entities.

Section
58-3023

Remedies under other law.

Section
58-3024

Authority that requires specific grant – Grant of general authority.

Section
58-3025

Incorporation of authority.

Section
58-3026

Construction of authority generally.

Section
58-3027

Real property.

Section
58-3028

Tangible personal property.

Section
58-3029

Stocks and bonds.

Section
58-3030

Commodities and options.

Section
58-3031

Banks and other financial institutions.

Section
58-3032

Operation of entity or business.

Section
58-3033

Insurance and annuities.

Section
58-3034

Estates, trusts, and other beneficial interests.

Section
58-3035

Claims and litigation.

Section
58-3036

Personal and family maintenance.

Section
58-3037

Benefits from governmental programs or civil or military service.

Section
58-3038

Retirement plans.

Section
58-3039

Taxes.

Section
58-3040

Gifts.

Section
58-3041

Statutory power of attorney form.

Section
58-3042

Agent's certification.

Section
58-3043

Uniformity of application.

Section
58-3044

Relation to Electronic Signatures in Global and National Commerce Act.

Section
58-3045

Effect on existing powers of attorney.