Okla. Stat. tit. 58, § 58-176
This is the official text of Okla. Stat. tit. 58, § 58-176, 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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Justification of sureties - Approval of bond - Examination
Official statutory text
of sureties.
In all cases where bonds are required to be given, under this
title, the officer taking the same must require the sureties to
accompany it with an affidavit that they are each residents and
householders or freeholders within the state, and are each worth the
sum specified in the bond, over and above all their just debts and
Oklahoma Statutes - Title 58. Probate Procedure Page 33
liabilities, exclusive of property exempt from execution; but when
the amount specified in the bond exceeds One Thousand Dollars
($1,000.00), and there are more than two sureties thereon, they may
state in their affidavits that they are severally worth amounts less
than that expressed in the bond, if the whole amount be equivalent
to that of two sufficient sureties, and the affidavits thereof must
be attached to, and filed and recorded with the bond. All such
bonds must be approved by the judge of the district court before
being filed and recorded. Before the judge of the district court
approves any bond required under this title, and after its approval
he may of his own motion, or upon the motion of any person
interested in the estate, supported by affidavit that the sureties
or some one or more of them are not worth as much as they have
justified to, issue a citation, requiring such sureties to appear
before him, at a designated time and place, to be examined touching
their property and its value; and the judge must, at the same time,
issue a notice to the executor or administrator, requiring his
appearance on the return of the citation, and on its return he may
examine the sureties and such witnesses as may be produced, touching
the property of the sureties and its value; and if, upon such
examination, he is satisfied that the bond is insufficient, he must
require sufficient additional security.
In all cases where bonds are required to be given, under this
title, the officer taking the same must require the sureties to
accompany it with an affidavit that they are each residents and
householders or freeholders within the state, and are each worth the
sum specified in the bond, over and above all their just debts and
Oklahoma Statutes - Title 58. Probate Procedure Page 33
liabilities, exclusive of property exempt from execution; but when
the amount specified in the bond exceeds One Thousand Dollars
($1,000.00), and there are more than two sureties thereon, they may
state in their affidavits that they are severally worth amounts less
than that expressed in the bond, if the whole amount be equivalent
to that of two sufficient sureties, and the affidavits thereof must
be attached to, and filed and recorded with the bond. All such
bonds must be approved by the judge of the district court before
being filed and recorded. Before the judge of the district court
approves any bond required under this title, and after its approval
he may of his own motion, or upon the motion of any person
interested in the estate, supported by affidavit that the sureties
or some one or more of them are not worth as much as they have
justified to, issue a citation, requiring such sureties to appear
before him, at a designated time and place, to be examined touching
their property and its value; and the judge must, at the same time,
issue a notice to the executor or administrator, requiring his
appearance on the return of the citation, and on its return he may
examine the sureties and such witnesses as may be produced, touching
the property of the sureties and its value; and if, upon such
examination, he is satisfied that the bond is insufficient, he must
require sufficient additional security.
Status: in_force · Read it on the official government site
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