Oklahoma § 58-316 - Who entitled to property set apart

§ 58-316. Who entitled to property set apart

A. When personal property is set apart for the use of the

family, in accordance with the provisions of this article, if the

decedent left a widow or surviving husband, and no minor child, such

property is the property of the widow or surviving husband. If the

decedent left also a minor child, the one-half (1/2) of such

property shall belong to the widow or surviving husband, and the

other half to the minor child; and if the decedent left more than

one minor child, the one-third (1/3) of such property shall belong

to the widow or surviving husband and the remainder in equal shares

to the minor children, and if the decedent left no widow or

surviving husband, such property shall belong to the minor child,

or, if more than one minor child, to them in equal parts. This

subsection shall not apply to the estate of a decedent who dies on

or after July 1, 1985.

B. This subsection shall apply to the estate of a decedent who

dies on or after July 1, 1985. When personal property is set apart

for the use of the family, in accordance with the provisions of

Sections 311 through 315 of this title, if the decedent leaves a

surviving spouse, and no minor child, such property is the property

of the surviving spouse. If the decedent leaves a surviving spouse

and a minor child or children, one-half (1/2) of such property shall

belong to the surviving spouse and the remainder to the minor child,

or if more than one minor child, to them in equal parts. If the

decedent leaves no surviving spouse, such property shall belong to

the minor child, or, if more than one minor child, to them in equal

parts.

Amended by Laws 1984, c. 233, § 1, eff. July 1, 1985.