Okla. Stat. tit. 58, § 58-316
This is the official text of Okla. Stat. tit. 58, § 58-316, 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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Who entitled to property set apart
Official statutory text
A. When personal property is set apart for the use of the
family, in accordance with the provisions of this article, if the
decedent left a widow or surviving husband, and no minor child, such
property is the property of the widow or surviving husband. If the
decedent left also a minor child, the one-half (1/2) of such
property shall belong to the widow or surviving husband, and the
other half to the minor child; and if the decedent left more than
one minor child, the one-third (1/3) of such property shall belong
to the widow or surviving husband and the remainder in equal shares
to the minor children, and if the decedent left no widow or
surviving husband, such property shall belong to the minor child,
or, if more than one minor child, to them in equal parts. This
subsection shall not apply to the estate of a decedent who dies on
or after July 1, 1985.
B. This subsection shall apply to the estate of a decedent who
dies on or after July 1, 1985. When personal property is set apart
for the use of the family, in accordance with the provisions of
Sections 311 through 315 of this title, if the decedent leaves a
surviving spouse, and no minor child, such property is the property
of the surviving spouse. If the decedent leaves a surviving spouse
and a minor child or children, one-half (1/2) of such property shall
belong to the surviving spouse and the remainder to the minor child,
or if more than one minor child, to them in equal parts. If the
decedent leaves no surviving spouse, such property shall belong to
the minor child, or, if more than one minor child, to them in equal
parts.
family, in accordance with the provisions of this article, if the
decedent left a widow or surviving husband, and no minor child, such
property is the property of the widow or surviving husband. If the
decedent left also a minor child, the one-half (1/2) of such
property shall belong to the widow or surviving husband, and the
other half to the minor child; and if the decedent left more than
one minor child, the one-third (1/3) of such property shall belong
to the widow or surviving husband and the remainder in equal shares
to the minor children, and if the decedent left no widow or
surviving husband, such property shall belong to the minor child,
or, if more than one minor child, to them in equal parts. This
subsection shall not apply to the estate of a decedent who dies on
or after July 1, 1985.
B. This subsection shall apply to the estate of a decedent who
dies on or after July 1, 1985. When personal property is set apart
for the use of the family, in accordance with the provisions of
Sections 311 through 315 of this title, if the decedent leaves a
surviving spouse, and no minor child, such property is the property
of the surviving spouse. If the decedent leaves a surviving spouse
and a minor child or children, one-half (1/2) of such property shall
belong to the surviving spouse and the remainder to the minor child,
or if more than one minor child, to them in equal parts. If the
decedent leaves no surviving spouse, such property shall belong to
the minor child, or, if more than one minor child, to them in equal
parts.
Status: in_force · Read it on the official government site
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