Oklahoma § 84-271 - Conditions of escheat

§ 84-271. Conditions of escheat

Subject to the provisions of Sections 271.1 through 277 of this

title, the estate or property of any person shall escheat to and

vest in the state if:

1. Such person die seized of any real property, including

minerals or mineral interests, or possessed of any personal estate,

without any devise thereof, and having no heirs; or

2. Such person is the owner of any real or personal estate

(except mineral interests subject to sale under Section 271.1 of

this title), and shall be absent for the term of seven (7) years,

and is not known to exist. Provided, that where no will is recorded

or probated in the county where such property is situate within

seven (7) years after the death of such owner, it shall be prima

facie evidence that there was no will, and where no lawful claim is

asserted to, or lawful acts of ownership exercised in such property

for the period of seven (7) years, and this has been proved to the

satisfaction of the court, it shall be deemed prima facie evidence

of the death of the owner and of the failure of heirs; and the court

trying the cause, may, if such evidence is not rebutted, find

therefrom in favor of the state; provided, further, that the state

may, without waiting the limit of seven (7) years, bring proceedings

and escheat any such property by making proof of the death of the

owner and the failure of heirs, and nonexistence of will.

R.L.1910, § 8436; Laws 2005, c. 421, § 2, emerg. eff. June 6, 2005.