Oklahoma § 46-5 - Mortgage follows property passing by succession or will
Full text of Oklahoma Oklahoma Statutes § 46-5 — Mortgage follows property passing by succession or will, with citation guidance and answers to common questions.
§ 46-5. Mortgage follows property passing by succession or will
When real property, subject to a mortgage, passes by succession
or will, the successor or devisee must satisfy the mortgage out of
his own property, without resorting to the executor or administrator
of the mortgagor, unless there is an express direction in the will
of the mortgagor that the mortgage shall be otherwise paid.
R.L. 1910, § 4017.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 46-5
What does Oklahoma Statutes § 46-5 cover?
Section 46-5 ("Mortgage follows property passing by succession or will") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 46-5?
A common citation format is "Oklahoma Statutes § 46-5" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 46-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.