Title 58, Title 58 — Probate Procedure

A. The district court has probate jurisdiction, and the judge thereof power, which must be exercised in the cases and in the manner prescribed by statute: 1. To open and receive proof of last wills and testaments, and to admit them to proof and to revoke the probate thereof, and …

In any case where it is shown to the court that the domicile of a minor or ward has been changed from the county where the guardianship is pending to another county in this state, the guardianship may, upon application verified by oath, after notice has been given to the next 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 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 bene…

Where there is no sufficient evidence to establish that the two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half (1/2) as if one had survived and one-half (1/2) as if the other had survived. If th…

Where a husband and wife have died, leaving community property, and there is no sufficient evidence to establish that they have died otherwise than simultaneously, one-half (1/2) of all the community property shall pass as if the husband had survived and as if said one-half (1/2)…

Distribution of proceeds. Where the insured or the annuitant and the beneficiary in a policy of life or accident insurance or in an annuity contract have died and there is no sufficient evidence to establish that they have died other than simultaneously, the proceeds of the polic…

This act shall not apply in the case of wills, living trusts, deeds, or contracts of insurance or annuity, or any other instrument wherein provision is made for distribution of property different from the provisions of this act, or where provision is made for a presumption as to …

This act shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. Laws 1959, p. 396, § 7.

This act may be cited as the Uniform Simultaneous Death Act. Laws 1959, p. 396, § 8.

corporate executor. The court admitting a will to probate after the same is proved and allowed, must issue letters thereon to the persons named therein as executors, and in the case of a corporate executor, to the successor in interest of the corporate executor, who are competent…

No person is competent to serve as executor who at the time the will is admitted to probate is: 1. Under the age of majority; 2. Convicted of a crime that causes the court to determine that the person should not be entrusted with the fiduciary duties of an executor; or 3. Adjudge…

If the sole executor or all the executors are incompetent, or renounce or fail to apply for letters, or to appear and qualify, letters of administration with the will annexed must be issued. R.L.1910, § 6235.

with will annexed. Any person interested in a will may file objections in writing, to granting letters testamentary to the persons named as executors, or any of them; and the objections must be heard and determined by the court. A petition may at the same time, be filed for lette…

No executor of an executor shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the estate of the first testator, left unadminister…

Where a person absent from the state, or a minor, is named executor, and there is another executor who accepts the trust and qualifies, the latter may have letters testamentary and administer the estate until the return of the absentee, or the majority of the minor, who may then …

A. Any person over eighteen (18) years of age may execute a supervised power ofattorney pursuant to the provisions of this section. B. A supervised power of attorney is a power of attorney by which a person nominates another to be the attorney-in-fact of such person and charges s…

A. When all the executors named are not appointed by the court, those appointed have the same authority to perform all the acts and discharge the trust required by the will, as effectually for every purpose as if all were appointed and should act together. B. When there are two p…

not affecting acts done pursuant to durable power of attorney. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability, incapacity, or extended absence of the principal have the same effect and inure to the benefit of and bind …

If the person named in a will as executor, for thirty (30) days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he may be held to…

Any attorney-in-fact, whether acting pursuant to a durable or nondurable power of attorney or otherwise, is bound by standards of conduct and liability applicable to other fiduciaries. Added by Laws 1988, c. 293, § 9, eff. Nov. 1, 1988.

Administrators with the will annexed have the same authority over the estates which executors named in the will would have, and their acts are effectual for all purposes. Their letters must be signed by the judge of the district court, and bear the seal thereof. R.L.1910, § 6241.

As used in this title, "personal representative" includes executor, administrator, administrator with will annexed, conservator, guardian and persons who perform substantially the same function under the law governing their status and includes a successor personal representative …

Letters testamentary must be substantially in the following form: State of Oklahoma, County of ______. The last will of A B, deceased, having been proved and recorded in the county court of the county of ______, C D, who is named therein, is hereby appointed executor. Witness G H…

When an Oklahoma resident dies leaving a surviving spouse, and leaves a will which gives all of the estate to such surviving spouse and names such surviving spouse as executor, the procedures set out in this act may be used and shall control over other provisions of law to the co…

If electing to use this act, the surviving spouse shall file, in the court having probate jurisdiction of the will, a written, verified petition with the will or a copy attached which shall allege: 1. That decedent died an Oklahoma resident leaving a will which gives all of the d…

Upon filing of the petition, the court shall fix a time, place and date for hearing the petition which date shall be not less than ten (10) nor more than thirty (30) days from the filing of the petition. Notice shall be given as provided by law for hearing of a petition for proba…

spouse as personal representative - Duties of representative. A. At the time and place of such hearing or at the postponement thereof, after first receiving satisfactory proof of the giving of the notice of the hearing, and if there is no contest to the probate of the will or the…

After completing all applicable provisions of this act, the surviving spouse shall prepare and file a final account which need only include a description of income and expenditures, as in other estate proceedings and shall petition the court: 1. To approve the Final account; 2. T…

Notice - Hearing. The court shall thereupon fix a date, time and place for the final account and petition, which date shall be not less than ten (10) nor more than thirty (30) days after the filing of the final account and petition. There shall be notice given by mailing to the h…

Letters of administration with will annexed must be substantially in the following form: State of Oklahoma, County of ______. The last will of A B, deceased having been proved and recorded in the county court of the county of ______ and there being no executor named in the will (…

Sections 1201 through 1225 of this title shall be known and may be cited as the "Oklahoma Uniform Transfers to Minors Act". Added by Laws 1986, c. 261, § 1, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 1, eff. Sept. 1, 1993.

As used in the Oklahoma Uniform Transfers to Minors Act: 1. "Adult" means an individual who has attained the age of twenty-one (21) years. 2. "Benefit plan" means an employer's plan for the benefit of an employee or partner. 3. "Broker" means a person lawfully engaged in the busi…

A. The Oklahoma Uniform Transfers to Minors Act applies to a transfer that refers to the Oklahoma Uniform Transfers to Minors Act in the designation provided for in subsection A of Section 10 of this act by which the transfer is made if at the time of the transfer, the transferor…

A. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance…

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to the provisions of Section 10 of this act. Added by Laws 1986, c. 261, § 5, eff. Nov. 1, 1986.

transfers to custodian. A. A personal representative or trustee may make an irrevocable transfer pursuant to the provisions of Section 10 of this act to a custodian for the benefit of a minor as authorized in the governing will or trust. B. If the testator or settlor has nominate…

Irrevocable transfers to adult or trust company as custodian. A. Subject to the provisions of subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to …

Irrevocable transfers to custodian. A. Subject to the provisions of subsections B and C of this section, a person not subject to the provisions of Sections 6 or 7 of this act who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable …

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act. Added by Laws 1986, c. 261, § 9, eff. Nov. 1, 1986.

Letters of administration must be signed by the judge, under the seal of the court, and substantially in the following form: State of Oklahoma, County of ______ C D is hereby appointed administrator of the estate of A B, deceased. Witness G H, judge of the county court of the cou…

A. Custodial property is created and a transfer is made whenever: 1. An uncertificated security or a certificated security in registered form is either: a. registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by t…

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held according to the provisions of the Oklahoma Uniform Transfers to Minors Act by the same custodian for the benefit of the same minor constitutes a single custodianship.…

A. The validity of a transfer made in a manner prescribed in the Oklahoma Uniform Transfers to Minors Act is not affected by: 1. failure of the transferor to comply with subsection C of Section 10 of this act concerning possession and control; or 2. designation of an ineligible c…

A. A custodian shall: 1. take control of custodial property; 2. register or record title to custodial property if appropriate; and 3. collect, hold, manage, invest, and reinvest custodial property. B. In dealing with custodial property, a custodian shall observe the standard of c…

A. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only. B. The provisions of …

benefit. A. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: 1. the duty or ability of the custodia…

A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. B. Except for one who is a transferor pursuant to the provisions of Section 5 of this act, a custodian has a noncumulative election d…

Responsibilities. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for deter…

custodian or minor. A. A claim based on: 1. a contract entered into by a custodian acting in a custodial capacity, or 2. an obligation arising from the ownership or control of custodial property, or 3. a tort committed during the custodianship, may be asserted against the custodi…