Oklahoma § 58-426 - Return of sale - Hearing

§ 58-426. Return of sale - Hearing

Except when a sale is made pursuant to Section 239 of this

title, the executor or administrator, after making any sale of real

property, must file a sworn return of his proceedings in the court.

The court must fix the day for the hearing of such return, and give

at least ten (10) days' notice thereof by one publication in a

newspaper in each county in which any part of the real property

sold is situated and in the county where the order was made, and by

mailing a copy of said notice to all heirs, legatees and devisees of

the decedent whose addresses are known, which notice must briefly

describe the real property sold, the sum for which it was sold and

the name of the purchaser, and must refer to the return for further

particulars. Upon the hearing, the court must examine the return

and witnesses in relation to the same, and if the proceedings were

unfair, or the sum bid disproportionate to the value, and if it

appears that a sum exceeding such bid at least ten percent (10%),

exclusive of the expenses of a new sale, may be obtained, the court

may vacate the sale and direct another to be had, of which notice

must be given, and the sale in all respects conducted as if no

previous sale had taken place; if an offer of ten percent (10%) more

in amount than that named in the return be made to the court in

writing, by a responsible person, it is in the discretion of the

court to accept such offer and confirm the sale to such person or to

order a new sale.

R.L.1910, § 6386; Laws 1955, p. 300, § 5; Laws 1969, c. 302, § 17;

Laws 1970, c. 182, § 1, emerg. eff. April 13, 1970; Laws 1973, c.

89, § 1, eff. Oct. 1, 1973; Laws 1979, c. 258, § 11.