Okla. Stat. tit. 58, § 58-239
This is the official text of Okla. Stat. tit. 58, § 58-239, 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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Petition - Consent - Orders to be entered - Withdrawal of
Official statutory text
waivers or consents - Consent not required, when.
A. After the appointment of the personal representative, and,
provided that a determination of the identities of the heirs,
devisees and legatees of the decedent has been made pursuant to the
provisions of Section 240 of this title, and upon the filing of a
petition or application, the petition to be accompanied by
acknowledged, written consents by all heirs, devisees and legatees,
other than contingent devisees and legatees, persons authorized to
act on behalf of any heir, devisee or legatee under any legal
disability, and personal representatives of the estate of any
deceased heir, devisee or legatee, the court may enter an order:
Oklahoma Statutes - Title 58. Probate Procedure Page 41
1. Authorizing the personal representative to sell, grant,
lease, mortgage or encumber any real or personal property including
mineral interests, and to execute and issue deeds, leases, bills of
sale, notes, mortgages, easements and other documents of conveyance,
without further judicial authorization or a return of sale or
confirmation of such sale or transaction. Any sale or transaction
so authorized shall pass title to the purchaser without being
confirmed by the court, notwithstanding any statutory provision to
the contrary; or
2. Waiving the filing of any accounting specified in the
consents of the persons herein named, or waiving the necessity for
presentation to the court for approval of any such accounting.
B. Waivers or consents may be withdrawn at any time and
thereafter all acts shall be in accordance with regular statutory
procedures. A withdrawal of a waiver or consent shall be effected
by filing a written statement of withdrawal with the court clerk and
by serving a certified copy on the personal representative or the
attorney for the personal representative by certified mail.
C. Notwithstanding the foregoing, if the petition or
application is filed after three (3) months from the date of
admission of the will to probate, and no appeal of the admission of
the will is pending nor has any contest to admission of the will to
probate been filed after admission of the will to probate, and if
the will contains a residuary disposition clause, then the consents
of heirs who are neither devisees nor legatees shall not be
required.
A. After the appointment of the personal representative, and,
provided that a determination of the identities of the heirs,
devisees and legatees of the decedent has been made pursuant to the
provisions of Section 240 of this title, and upon the filing of a
petition or application, the petition to be accompanied by
acknowledged, written consents by all heirs, devisees and legatees,
other than contingent devisees and legatees, persons authorized to
act on behalf of any heir, devisee or legatee under any legal
disability, and personal representatives of the estate of any
deceased heir, devisee or legatee, the court may enter an order:
Oklahoma Statutes - Title 58. Probate Procedure Page 41
1. Authorizing the personal representative to sell, grant,
lease, mortgage or encumber any real or personal property including
mineral interests, and to execute and issue deeds, leases, bills of
sale, notes, mortgages, easements and other documents of conveyance,
without further judicial authorization or a return of sale or
confirmation of such sale or transaction. Any sale or transaction
so authorized shall pass title to the purchaser without being
confirmed by the court, notwithstanding any statutory provision to
the contrary; or
2. Waiving the filing of any accounting specified in the
consents of the persons herein named, or waiving the necessity for
presentation to the court for approval of any such accounting.
B. Waivers or consents may be withdrawn at any time and
thereafter all acts shall be in accordance with regular statutory
procedures. A withdrawal of a waiver or consent shall be effected
by filing a written statement of withdrawal with the court clerk and
by serving a certified copy on the personal representative or the
attorney for the personal representative by certified mail.
C. Notwithstanding the foregoing, if the petition or
application is filed after three (3) months from the date of
admission of the will to probate, and no appeal of the admission of
the will is pending nor has any contest to admission of the will to
probate been filed after admission of the will to probate, and if
the will contains a residuary disposition clause, then the consents
of heirs who are neither devisees nor legatees shall not be
required.
Status: in_force · Read it on the official government site
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