Okla. Stat. tit. 58, § 58-1104
This is the official text of Okla. Stat. tit. 58, § 58-1104, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Admission of will to probate - Appointment of surviving
Official statutory text
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 appointment of the personal representative, the
court shall receive proof of the will and, if satisfied thereby, may
admit the will to probate and order the appointment and
qualification of the surviving spouse as personal representative.
Unless the will provides otherwise, the court, in its discretion,
may waive or require the giving of bond by the spouse regardless of
the known or estimated value of the estate. The court, at a later
time, for good cause shown, may waive or require a bond of the
personal representative.
B. After being appointed personal representative, the surviving
spouse shall:
1. Give notice to creditors in the manner provided in Section
331 of this title with respect to a decedent who has been dead for a
period of more than five (5) years prior to the commencement of a
probate proceeding for such decedent's estate, and file the
appropriate affidavits as provided in Section 332 of this title;
2. Make and return to the court, as in other estate
proceedings, a true inventory and appraisement of all the estate of
the decedent, except that the surviving spouse alone may appraise
the values thereof and shall appraise the items set out in the
estate inventory at their fair market values and no appraisers need
be appointed by the court. Both the estate inventory and the
appraisement thereof shall be verified by the surviving spouse;
3. Prepare all returns and reports required by law with regard
to estate, income and other taxes owed by the decedent or the estate
and obtain receipts, releases and waivers as are required in regard
thereto, or in regard to estate taxes, obtain an order releasing
estate tax liability from the district court. For deaths occurring
on or after January 1, 2010, no release of estate tax liability is
necessary pursuant to Section 5 of this act; and
4. Carry out all other duties of a personal representative as
in other estate proceedings.
Oklahoma Statutes - Title 58. Probate Procedure Page 143
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 appointment of the personal representative, the
court shall receive proof of the will and, if satisfied thereby, may
admit the will to probate and order the appointment and
qualification of the surviving spouse as personal representative.
Unless the will provides otherwise, the court, in its discretion,
may waive or require the giving of bond by the spouse regardless of
the known or estimated value of the estate. The court, at a later
time, for good cause shown, may waive or require a bond of the
personal representative.
B. After being appointed personal representative, the surviving
spouse shall:
1. Give notice to creditors in the manner provided in Section
331 of this title with respect to a decedent who has been dead for a
period of more than five (5) years prior to the commencement of a
probate proceeding for such decedent's estate, and file the
appropriate affidavits as provided in Section 332 of this title;
2. Make and return to the court, as in other estate
proceedings, a true inventory and appraisement of all the estate of
the decedent, except that the surviving spouse alone may appraise
the values thereof and shall appraise the items set out in the
estate inventory at their fair market values and no appraisers need
be appointed by the court. Both the estate inventory and the
appraisement thereof shall be verified by the surviving spouse;
3. Prepare all returns and reports required by law with regard
to estate, income and other taxes owed by the decedent or the estate
and obtain receipts, releases and waivers as are required in regard
thereto, or in regard to estate taxes, obtain an order releasing
estate tax liability from the district court. For deaths occurring
on or after January 1, 2010, no release of estate tax liability is
necessary pursuant to Section 5 of this act; and
4. Carry out all other duties of a personal representative as
in other estate proceedings.
Oklahoma Statutes - Title 58. Probate Procedure Page 143
Status: in_force · Read it on the official government site
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