Okla. Stat. tit. 58, § 58-393

This is the official text of Okla. Stat. tit. 58, § 58-393, 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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Payment or delivery of property to successor by affidavit

Official statutory text

A. At any time ten (10) or more days after the date of death of

a decedent, any person indebted to the decedent or having possession

of tangible personal property or an instrument evidencing a debt,

obligation, stock, chose in action, or stock brand belonging to the

decedent shall make payment of the indebtedness or shall deliver the

tangible personal property or an instrument evidencing a debt,

obligation, stock, chose in action, or stock brand to a person

claiming to be the successor of the decedent upon being presented an

affidavit made by or on behalf of the successor stating that:

1. The fair market value of property located in this state

owned by the decedent and subject to disposition by will or

intestate succession at the time of the decedent's death, less liens

and encumbrances, does not exceed Fifty Thousand Dollars

($50,000.00);

2. No application or petition for the appointment of a personal

representative is pending or has been granted in any jurisdiction;

3. Each claiming successor is entitled to payment or delivery

of the property in the respective proportions set forth in the

affidavit; and

4. All taxes and debts of the estate have been paid or

otherwise provided for or are barred by limitations.

B. A transfer agent of any security shall change the registered

ownership on the books of a corporation from the decedent to the

successor or successors upon the presentation of an affidavit as

provided in subsection A of this section.

C. The public official having cognizance over the registered

title of any personal property of the decedent shall change the

registered ownership from the decedent to the successor or

successors upon the presentation of an affidavit as provided in

subsection A of this section.

D. At any time after the date of death of a person who was an

owner of a severed mineral interest in real estate, any person who

claims an interest, immediately or remotely, through the decedent

may file with the county clerk of the county where the mineral

interest is located an affidavit of death and heirship in compliance

Oklahoma Statutes - Title 58. Probate Procedure Page 78

with subsection C of Section 67 of Title 16 of the Oklahoma

Statutes. Pursuant to Sections 82 and 83 of Title 16 of the

Oklahoma Statutes, there shall be a rebuttable presumption that the

facts stated in the recorded affidavit are true as they relate to

the severed mineral interest, the death of the decedent, and the

relationships, family history and heirship stated therein.

E. Any person who knowingly submits and signs a false affidavit

as provided in this section shall be fined not more than Three

Thousand Dollars ($3,000.00) or imprisoned for not more than six (6)

months, or both. Restitution of the amount fraudulently attained

shall be made to the rightful beneficiary by the guilty person.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.