Okla. Stat. tit. 58, § 58-234

This is the official text of Okla. Stat. tit. 58, § 58-234, 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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Duty of judge in case of embezzlement - Reports

Official statutory text

A. Whenever the judge has reason to believe, from his own

knowledge or from credible information, that any executor or

administrator has wasted, embezzled or mismanaged, or is about to

waste, or embezzle the property of the estate committed to his

charge, or has committed or is about to commit a fraud upon the

estate, or is incompetent to act or has wrongfully neglected the

estate, or has long neglected to perform any act as such executor or

administrator, he must, by an order entered upon the minutes of the

court, suspend the powers of such executor or administrator until

the matter is investigated.

B. If the judge determines on his own motion, or upon

application by an interested party and upon proper showing, that an

executor or administrator is subject to a conflict of interest which

substantially impairs the executor's or administrator's ability to

perform his duties as required by law, the judge shall suspend the

powers of the executor or administrator with respect to the subject

matter of the conflict of interest and appoint a special

administrator to act with respect to such subject matter. The

executor or administrator shall remain empowered to act with respect

to all other matters.

C. The judge of the district court shall require each and every

administrator, executor or guardian to make a report at least once

in each year, showing the condition of the estate, and of all

property, notes, monies, and other assets in his hands and the use

that has been made thereof during the past year.

R.L. 1910, § 6296; Laws 1992, c. 395, § 7, eff. Sept. 1, 1992.

Status: in_force · Read it on the official government site

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