Title 58, Title 58 — Probate Procedure

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: 1. Buy, sell and exchange stocks and bonds; 2. Establish, continue, modify or terminate an account with respect to…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: 1. Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: 1. Continue, modify and terminate an account or other banking arrangement made by or on beha…

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes th…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: 1. Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a c…

A. In this section, "estate, trust or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. B. Unless the power of attorn…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: 1. Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, co…

A. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: 1. Perform the acts necessary to maintain the customary standard of living of the principal, the…

service. A. In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or regulation including Social Security, Medicare and Medicaid. B. Unless the power of attorney otherwise provides, la…

A. In this section, "retirement plan" means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the f…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: 1. Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions …

A. In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C., Section 529,…

A document substantially in the following form may be used to create a statutory power of attorney form that has the meaning and effect prescribed by this act. OKLAHOMA STATUTORY POWER OF ATTORNEY FORM IMPORTANT INFORMATION This power of attorney authorizes another person (your a…

The following optional form may be used by an agent to certify facts concerning a Power of Attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of _____________________________ County of ___________________________ I, _______________…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Added by Laws 2021, c. 332, § 43, eff. Nov. 1, 2021.

Commerce Act. This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize electronic d…

Except as otherwise provided in this act, on the effective date of this act: 1. This act applies to a power of attorney created before, on or after the effective date of this act; 2. This act applies to a judicial proceeding concerning a power of attorney commenced on or after th…

An olographic will may be proved in the same manner that other private writings are proved. R.L.1910, § 6209.

Assets Act. This act shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act". Added by Laws 2024, c. 115, § 1, eff. Nov. 1, 2024.

As used in this act: 1. "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; 2. "Agent" means an attorney-in-fact granted au…

A. This act applies to: 1. A fiduciary acting under a will or power of attorney executed before, on, or after November 1, 2024; 2. A personal representative acting for a decedent who died before, on, or after November 1, 2024; 3. A guardianship proceeding commenced before, on, or…

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at al…

recipient rights. A. This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. B. This act does not give a fiduciary or designated recipient any new or expanded rights other than those held…

A. When disclosing digital assets of a user under this act, the custodian may, at its sole discretion: 1. Grant a fiduciary or designated recipient full access to the user's account; 2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to p…

deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by…

deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user, a catalog of electronic communications sent or received by the user and digital asset…

principal to agent. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the conte…

Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the…

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal, a catalog of electronic communications se…

original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the cont…

trustee that is not an original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original…

an original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and…

A. After an opportunity for a hearing under Section 3-112 of Title 30 of the Oklahoma Statutes, the court may grant a guardian access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a gua…

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: 1. The duty of care; 2. The duty of loyalty; and 3. The duty of confidentiality. B. A fiduciary's or designated recipient's authority with resp…

terminate an account — Immunity from liability. A. Not later than sixty (60) days after receipt of the information required under Sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2024, c. 115, § 17, eff. Nov. 1, 2024.

National Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize electronic…

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of thi…

In addition to the property mentioned in the preceding section, there shall also be allowed and set apart to the surviving wife or husband, or the minor child or children of the decedent, all such personal property or money as is exempt by law from levy and sale on execution or o…

The homestead is not subject to the payment of any debt or liability contracted by or existing against the husband and wife, or either of them, previous to or at the time of the death of such husband or wife, except such as are secured by lien thereon, as provided in the laws rel…

estate. If the amount set apart as aforesaid be less than that allowed, and insufficient for the support of the surviving spouse and children, or either, or, if there be no such personal property to be set apart, and if there be other estate of the decedent, the court may in its …

Any allowance made by the court in accordance with the provisions of this article must be paid in preference to all other charges, except funeral charges or expenses of administration, and any such allowance, whenever made, may, in the discretion of the court, take effect from th…

A. When personal property is set apart for the use of the family, in accordance with the provisions of this article, if the decedent left a widow or surviving husband, and no minor child, such property is the property of the widow or surviving husband. If the decedent left also a…

If the widow has a maintenance derived from her own property equal to the portion set apart to her by the preceding sections of this article, the whole property so set apart, other than her right in the homestead, must go to the minor children. R.L.1910, § 6335.

more consecutive weeks - Interval. When notice is required by this act to be published once each week for two (2) or more consecutive weeks, the interval between the first publication and each successive publication shall be not less than six (6) days. Laws 1969, c. 302, § 36, ef…

Wherever the term "newspaper" appears herein, it shall mean newspaper as defined by 25 O.S.1961, Sec. 106, as amended by Section 1, Chapter 63, O.S.L.1967 (25 O.S.Supp.1968 Section. 106), and by House Bill No. 1253, First Session, Thirty-second Legislature of the State of Oklahom…

Every personal representative must, unless the notice has been given by a special administrator as provided in Section 215 of this title, within two (2) months after the issuance of his letters, file notice to the creditors of the decedent stating that claims against said decease…

A. As used in this act, "known creditors", and related or similar references shall mean those creditors of the decedent actually known to the personal representative or reasonably ascertainable by the personal representative as of the date notice to creditors is filed. "Reasonabl…

notice. After notice is given as required by Section 331 of this title, an affidavit of mailing and, if applicable, of personal delivery, and an affidavit of publication must be filed with the district court clerk. The affidavit of mailing, and, if applicable, of personal deliver…

After notice is given as required by Section 331 of this title, an affidavit of mailing and, if applicable, of personal delivery, and an affidavit of publication must be filed with the district court clerk. The affidavit of mailing, and, if applicable, of personal delivery, shall…