Okla. Stat. tit. 58, § 58-693
This is the official text of Okla. Stat. tit. 58, § 58-693, 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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Disposition of monies due minor without guardian - Person
Official statutory text
whose whereabouts is unknown - Person refusing to accept and receipt
- Investment of funds - Dead heirs or legatees.
A. Whenever a final account and order of distribution shall
direct the payment of monies to a minor, and no person shall within
ninety (90) days thereafter become the legal and qualified guardian
for the minor, so that the executor or administrator may be
discharged, the executor or administrator shall make an application
to the court for permission to prepare an order directing the county
treasurer to:
1. Specify a bank or financial institution within this state
where the funds will be deposited; and
2. State the specified term for when the funds will be released
to the legally qualified guardian of the minor, or released to the
minor upon his or her eighteenth birthday.
Upon receipt of the order, the court clerk shall make a
temporary deposit in the case, and forward the court’s order to the
county treasurer for deposit of the funds in the specified
institution for the specified term, with the same effect as though
taken from a legally qualified guardian of the minor; and the
treasurer shall hold the monies in trust for the minor until a
guardian shall be appointed and call for the same, or until the
minor shall become of age and demand the same; provided, that all
Oklahoma Statutes - Title 58. Probate Procedure Page 112
the monies in the hands of the treasurer at the expiration of the
treasurer’s term of office must be turned over to the successor in
office.
B. Whenever a final account and order of distribution shall
direct the payment of monies to a legatee, heir, creditor, or
claimant, whose address or whereabouts is not known, or who will not
accept and receipt for such monies within ninety (90) days
thereafter, so that the executor or administrator may be discharged,
the court may direct the executor or administrator to prepare an
order directing the county treasurer to make the deposit of funds in
a specified institution and for a specified term. Upon receipt of
the order, the court clerk shall make a temporary deposit in the
case, and forward the court’s order to the county treasurer for
deposit of the funds in a specified institution for a specified
term, with the same effect as though taken from the person; and the
treasurer shall hold the monies in trust for the person until a
legal or personal representative shall demand and accept the same;
provided, that all such monies in the hands of the treasurer at the
expiration of the treasurer’s term of office must be turned over to
the successor in office.
C. In the event no person qualified to receive money deposited
with the court clerk makes demand therefor within thirty (30) days
after receipt by the court clerk and the deposit is in excess of One
Hundred Dollars ($100.00), the court clerk is authorized and
directed to invest such funds in one or more savings accounts or
certificates of deposit in a bank or savings and loan association
whose deposits are insured by an agency of the federal government.
When the person legally entitled thereto makes request upon the
court clerk, the account or fund, together with all accumulations,
shall be paid over to the person legally entitled thereto upon the
court clerk taking a receipt in full for such payment, which receipt
shall be filed in and become a part of the records of the case.
D. Whenever a final account and order of distribution based
thereon shall direct the payment of monies to an heir or legatee who
has died during the pendency of the probate proceedings, and no
person shall within ninety (90) days thereafter become the legal and
qualified personal representative of the deceased heir or legatee,
so that the executor or administrator may be discharged, the court
may make an order directing the executor or administrator to deposit
such money in the hands of the court clerk, taking a receipt
as died during the pendency of the probate proceedings, and no
person shall within ninety (90) days thereafter become the legal and
qualified personal representative of the deceased heir or legatee,
so that the executor or administrator may be discharged, the court
may make an order directing the executor or administrator to deposit
such money in the hands of the court clerk, taking a receipt
therefor, with the same effect as though taken from a legally
qualified personal representative of the heir or legatee; and the
clerk shall hold such monies in trust until a personal
representative shall demand and accept the same; provided, that all
such monies in the hands of the court clerk at the expiration of the
court clerk’s term of office must be turned over to the successor in
office.
Oklahoma Statutes - Title 58. Probate Procedure Page 113
- Investment of funds - Dead heirs or legatees.
A. Whenever a final account and order of distribution shall
direct the payment of monies to a minor, and no person shall within
ninety (90) days thereafter become the legal and qualified guardian
for the minor, so that the executor or administrator may be
discharged, the executor or administrator shall make an application
to the court for permission to prepare an order directing the county
treasurer to:
1. Specify a bank or financial institution within this state
where the funds will be deposited; and
2. State the specified term for when the funds will be released
to the legally qualified guardian of the minor, or released to the
minor upon his or her eighteenth birthday.
Upon receipt of the order, the court clerk shall make a
temporary deposit in the case, and forward the court’s order to the
county treasurer for deposit of the funds in the specified
institution for the specified term, with the same effect as though
taken from a legally qualified guardian of the minor; and the
treasurer shall hold the monies in trust for the minor until a
guardian shall be appointed and call for the same, or until the
minor shall become of age and demand the same; provided, that all
Oklahoma Statutes - Title 58. Probate Procedure Page 112
the monies in the hands of the treasurer at the expiration of the
treasurer’s term of office must be turned over to the successor in
office.
B. Whenever a final account and order of distribution shall
direct the payment of monies to a legatee, heir, creditor, or
claimant, whose address or whereabouts is not known, or who will not
accept and receipt for such monies within ninety (90) days
thereafter, so that the executor or administrator may be discharged,
the court may direct the executor or administrator to prepare an
order directing the county treasurer to make the deposit of funds in
a specified institution and for a specified term. Upon receipt of
the order, the court clerk shall make a temporary deposit in the
case, and forward the court’s order to the county treasurer for
deposit of the funds in a specified institution for a specified
term, with the same effect as though taken from the person; and the
treasurer shall hold the monies in trust for the person until a
legal or personal representative shall demand and accept the same;
provided, that all such monies in the hands of the treasurer at the
expiration of the treasurer’s term of office must be turned over to
the successor in office.
C. In the event no person qualified to receive money deposited
with the court clerk makes demand therefor within thirty (30) days
after receipt by the court clerk and the deposit is in excess of One
Hundred Dollars ($100.00), the court clerk is authorized and
directed to invest such funds in one or more savings accounts or
certificates of deposit in a bank or savings and loan association
whose deposits are insured by an agency of the federal government.
When the person legally entitled thereto makes request upon the
court clerk, the account or fund, together with all accumulations,
shall be paid over to the person legally entitled thereto upon the
court clerk taking a receipt in full for such payment, which receipt
shall be filed in and become a part of the records of the case.
D. Whenever a final account and order of distribution based
thereon shall direct the payment of monies to an heir or legatee who
has died during the pendency of the probate proceedings, and no
person shall within ninety (90) days thereafter become the legal and
qualified personal representative of the deceased heir or legatee,
so that the executor or administrator may be discharged, the court
may make an order directing the executor or administrator to deposit
such money in the hands of the court clerk, taking a receipt
as died during the pendency of the probate proceedings, and no
person shall within ninety (90) days thereafter become the legal and
qualified personal representative of the deceased heir or legatee,
so that the executor or administrator may be discharged, the court
may make an order directing the executor or administrator to deposit
such money in the hands of the court clerk, taking a receipt
therefor, with the same effect as though taken from a legally
qualified personal representative of the heir or legatee; and the
clerk shall hold such monies in trust until a personal
representative shall demand and accept the same; provided, that all
such monies in the hands of the court clerk at the expiration of the
court clerk’s term of office must be turned over to the successor in
office.
Oklahoma Statutes - Title 58. Probate Procedure Page 113
Status: in_force · Read it on the official government site
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