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.
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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