Okla. Stat. tit. 30, § 30-4-709

This is the official text of Okla. Stat. tit. 30, § 30-4-709, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.

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Investment of monies belonging to estates - Purchase of

Official statutory text

homesteads for incapacitated or partially incapacitated persons.

A. Except as provided in subsection B of this section, the

money belonging to estates of minors and incapacitated or partially

incapacitated persons, subject to the jurisdiction of the court, can

only be invested in one or more of the following:

1. Real estate and first mortgages upon real property which do

not exceed fifty percent (50%) of the actual value of the property;

2. United States bonds, or any other type of security

certificate, or evidence of indebtedness which is guaranteed by the

United States government, or any authorized agency thereof;

3. State bonds;

4. Bonds of municipal corporations;

5. Annuities covered by the Oklahoma Life and Health Insurance

Guaranty Association, which do not exceed Three Hundred Thousand

Dollars ($300,000.00), individually; or

6. Accounts in savings and loan associations and credit unions

located in this state, and all types of interest-bearing time

deposits and certificates of banks, savings and loan associations,

and credit unions located in this state, not to exceed the amount

insured by the United States government.

B. When an individual guardian is investing the money belonging

to estates of minors or incapacitated or partially incapacitated

persons, subsection A of this section shall not apply, provided that

the guardian has contracted with a person who is a registered

investment advisor representative pursuant to the Oklahoma Uniform

Securities Act of 2004 and a certified Financial Planner

credentialed by the Certified Financial Planner Board of Standards,

and provided further that the court authorizes such investments.

C. Upon application to the court by the guardian of the estate

of the incapacitated or partially incapacitated person, showing to

the satisfaction of the court:

1. That the incapacitated or partially incapacitated person is

vitally in need of a home;

2. That the incapacitated or partially incapacitated person

owns no suitable homestead;

3. That the incapacitated or partially incapacitated person has

sufficient monthly, semi-annual, or annual fixed income to retire an

incurred indebtedness for the remaining unpaid cost of a homestead;

and

4. That it would be in the best interest of the incapacitated

or partially incapacitated person that a suitable homestead be

purchased on that basis.

Oklahoma Statutes - Title 30. Guardian and Ward Page 100

The court may enter an order authorizing the guardian to execute and

deliver a note and mortgage, under such tenor and terms as the court

will approve, for the purpose of securing payment of any remaining

cost of such a homestead. Any note and mortgage given by a guardian

under the provisions of this section shall, if authorized by the

court as provided for in this section, be endorsed "approved" by the

judge. When so authorized and endorsed, the note and mortgage shall

be a binding obligation against the ward and the estate of the ward

until fully paid. The ward, if subsequently restored to competency

to transact business, shall be held firmly bound by the note and

mortgage in the same manner and to the same extent as though the

ward had given the homestead purchase-money note and mortgage.

D. When an individual guardian enters into an agreement with a

bank or trust company, or when the guardian is a bank or trust

company qualified and acting under the supervision of the Banking

Board, or of the Comptroller of the Currency of the United States of

America, the guardian may, upon application to the court, invest

funds coming into its hands as guardian in any property, real,

personal or mixed, in which an individual may invest the

individual's own funds pursuant to the provisions of the Oklahoma

Uniform Prudent Investor Act, unless otherwise provided by law.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.