Oklahoma § 58-239 - Petition - Consent - Orders to be entered - Withdrawal of

§ 58-239. Petition - Consent - Orders to be entered - Withdrawal of

waivers or consents - Consent not required, when.

A. After the appointment of the personal representative, and,

provided that a determination of the identities of the heirs,

devisees and legatees of the decedent has been made pursuant to the

provisions of Section 240 of this title, and upon the filing of a

petition or application, the petition to be accompanied by

acknowledged, written consents by all heirs, devisees and legatees,

other than contingent devisees and legatees, persons authorized to

act on behalf of any heir, devisee or legatee under any legal

disability, and personal representatives of the estate of any

deceased heir, devisee or legatee, the court may enter an order:

Oklahoma Statutes - Title 58. Probate Procedure

1. Authorizing the personal representative to sell, grant,

lease, mortgage or encumber any real or personal property including

mineral interests, and to execute and issue deeds, leases, bills of

sale, notes, mortgages, easements and other documents of conveyance,

without further judicial authorization or a return of sale or

confirmation of such sale or transaction. Any sale or transaction

so authorized shall pass title to the purchaser without being

confirmed by the court, notwithstanding any statutory provision to

the contrary; or

2. Waiving the filing of any accounting specified in the

consents of the persons herein named, or waiving the necessity for

presentation to the court for approval of any such accounting.

B. Waivers or consents may be withdrawn at any time and

thereafter all acts shall be in accordance with regular statutory

procedures. A withdrawal of a waiver or consent shall be effected

by filing a written statement of withdrawal with the court clerk and

by serving a certified copy on the personal representative or the

attorney for the personal representative by certified mail.

C. Notwithstanding the foregoing, if the petition or

application is filed after three (3) months from the date of

admission of the will to probate, and no appeal of the admission of

the will is pending nor has any contest to admission of the will to

probate been filed after admission of the will to probate, and if

the will contains a residuary disposition clause, then the consents

of heirs who are neither devisees nor legatees shall not be

required.

Added by Laws 1980, c. 310, § 7, eff. Oct. 1, 1980. Amended by Laws

1989, c. 276, § 2, eff. Nov. 1, 1989; Laws 1993, c. 345, § 8, eff.

Sept. 1, 1993; Laws 2010, c. 44, § 1, eff. Nov. 1, 2010.