Oklahoma § 58-624 - Allowance of petition - Order

§ 58-624. Allowance of petition - Order

If at the hearing it appears that the estate is but little

indebted, and that the share of the party applying may be allowed to

him without loss to the creditors of the estate, the court must make

an order in conformity with the prayer of the applicant, requiring:

1. Each heir, legatee or devisee obtaining such order, before

receiving his share of the estate or any portion thereof, to execute

and deliver to the executor or administrator a bond, in such sum as

shall be designated by the court, with surety or sureties to be

approved by the court, payable to the executor or administrator, and

conditioned for the payment, whenever required, of his proportion of

the debts due from the estate, not exceeding the value or amount of

the legacy or portion of the estate to which he is entitled. If the

court determines that the circumstances are such that a bond is not

necessary, the court may order that no bond shall be required.

2. The executor or administrator to deliver to the heir,

legatee or devisee the whole portion of the estate to which he may

be entitled, or only a part thereof, designating it.

If, in the execution of the order, a partition is necessary

between two or more of the parties interested, it must be made in

the manner hereinafter prescribed. The costs of these proceedings

shall be paid by the applicant, or if there be more than one, shall

be apportioned equally amongst them.

Amended by Laws 1988, c. 329, § 133, eff. Nov. 1, 1988.