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.
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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