Okla. Stat. tit. 58, § 58-292
This is the official text of Okla. Stat. tit. 58, § 58-292, 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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Embezzlement before issue of letters - Civil liability -
Official statutory text
Exemption for financial institutions with valid security interests.
A. If any person, before the granting of letters testamentary
or of administration, embezzles or alienates any of the monies,
goods, chattel or effects of a decedent, the person is chargeable
therewith, and liable to an action by the executor or administrator
of the estate, for double the value of the property so embezzled or
alienated, to be recovered for the benefit of the estate.
Oklahoma Statutes - Title 58. Probate Procedure Page 56
B. This section, however, shall not apply to any financial
institution which has a valid security interest in the goods or
chattel of the decedent and which has commenced or is about to
commence repossession of the decedent’s goods and chattel after
default. The financial institution shall use diligent efforts to
notify the heirs and personal representative of the decedent, by
certified mail return receipt requested, of the repossession. The
notice to the heirs and personal representative shall contain the
amount of the debt secured by the goods or chattel as well as the
expenses reasonably incurred by the secured party in retaking,
holding and preparing the collateral for disposition, in arranging
for the sale, and, to the extent provided in the agreement and not
prohibited by law, their reasonable attorneys’ fees and legal
expenses. After receipt of the notice, the heirs and personal
representative shall have twenty (20) days to redeem the goods or
chattel by tendering to the secured party the full amount listed in
the notice. If there are no heirs and personal representative, or
if the notice to the heirs and personal representative by certified
mail is returned undelivered, then the secured party may dispose of
the repossessed goods or chattel as soon as practicable.
A. If any person, before the granting of letters testamentary
or of administration, embezzles or alienates any of the monies,
goods, chattel or effects of a decedent, the person is chargeable
therewith, and liable to an action by the executor or administrator
of the estate, for double the value of the property so embezzled or
alienated, to be recovered for the benefit of the estate.
Oklahoma Statutes - Title 58. Probate Procedure Page 56
B. This section, however, shall not apply to any financial
institution which has a valid security interest in the goods or
chattel of the decedent and which has commenced or is about to
commence repossession of the decedent’s goods and chattel after
default. The financial institution shall use diligent efforts to
notify the heirs and personal representative of the decedent, by
certified mail return receipt requested, of the repossession. The
notice to the heirs and personal representative shall contain the
amount of the debt secured by the goods or chattel as well as the
expenses reasonably incurred by the secured party in retaking,
holding and preparing the collateral for disposition, in arranging
for the sale, and, to the extent provided in the agreement and not
prohibited by law, their reasonable attorneys’ fees and legal
expenses. After receipt of the notice, the heirs and personal
representative shall have twenty (20) days to redeem the goods or
chattel by tendering to the secured party the full amount listed in
the notice. If there are no heirs and personal representative, or
if the notice to the heirs and personal representative by certified
mail is returned undelivered, then the secured party may dispose of
the repossessed goods or chattel as soon as practicable.
Status: in_force · Read it on the official government site
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