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…

58 O.S. § 1051 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1052 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1053 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1055 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1056 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1058 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1059 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

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 …

58 O.S. § 1060 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1061 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

58 O.S. § 1062 Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992

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…

58 O.S. § 1071 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1072 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1072.1 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1072.2 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1072.3 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

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 …

58 O.S. § 1074 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1075 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1076 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

58 O.S. § 1077 Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021

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 (…