Oklahoma § 58-693 - Disposition of monies due minor without guardian - Person

§ 58-693. Disposition of monies due minor without guardian - Person

whose whereabouts is unknown - Person refusing to accept and receipt

- Investment of funds - Dead heirs or legatees.

A. Whenever a final account and order of distribution shall

direct the payment of monies to a minor, and no person shall within

ninety (90) days thereafter become the legal and qualified guardian

for the minor, so that the executor or administrator may be

discharged, the executor or administrator shall make an application

to the court for permission to prepare an order directing the county

treasurer to:

1. Specify a bank or financial institution within this state

where the funds will be deposited; and

2. State the specified term for when the funds will be released

to the legally qualified guardian of the minor, or released to the

minor upon his or her eighteenth birthday.

Upon receipt of the order, the court clerk shall make a

temporary deposit in the case, and forward the court’s order to the

county treasurer for deposit of the funds in the specified

institution for the specified term, with the same effect as though

taken from a legally qualified guardian of the minor; and the

treasurer shall hold the monies in trust for the minor until a

guardian shall be appointed and call for the same, or until the

minor shall become of age and demand the same; provided, that all

Oklahoma Statutes - Title 58. Probate Procedure

the monies in the hands of the treasurer at the expiration of the

treasurer’s term of office must be turned over to the successor in

office.

B. Whenever a final account and order of distribution shall

direct the payment of monies to a legatee, heir, creditor, or

claimant, whose address or whereabouts is not known, or who will not

accept and receipt for such monies within ninety (90) days

thereafter, so that the executor or administrator may be discharged,

the court may direct the executor or administrator to prepare an

order directing the county treasurer to make the deposit of funds in

a specified institution and for a specified term. Upon receipt of

the order, the court clerk shall make a temporary deposit in the

case, and forward the court’s order to the county treasurer for

deposit of the funds in a specified institution for a specified

term, with the same effect as though taken from the person; and the

treasurer shall hold the monies in trust for the person until a

legal or personal representative shall demand and accept the same;

provided, that all such monies in the hands of the treasurer at the

expiration of the treasurer’s term of office must be turned over to

the successor in office.

C. In the event no person qualified to receive money deposited

with the court clerk makes demand therefor within thirty (30) days

after receipt by the court clerk and the deposit is in excess of One

Hundred Dollars ($100.00), the court clerk is authorized and

directed to invest such funds in one or more savings accounts or

certificates of deposit in a bank or savings and loan association

whose deposits are insured by an agency of the federal government.

When the person legally entitled thereto makes request upon the

court clerk, the account or fund, together with all accumulations,

shall be paid over to the person legally entitled thereto upon the

court clerk taking a receipt in full for such payment, which receipt

shall be filed in and become a part of the records of the case.

D. Whenever a final account and order of distribution based

thereon shall direct the payment of monies to an heir or legatee who

has died during the pendency of the probate proceedings, and no

person shall within ninety (90) days thereafter become the legal and

qualified personal representative of the deceased heir or legatee,

so that the executor or administrator may be discharged, the court

may make an order directing the executor or administrator to deposit

such money in the hands of the court clerk, taking a receipt

therefor, with the same effect as though taken from a legally

qualified personal representative of the heir or legatee; and the

clerk shall hold such monies in trust until a personal

representative shall demand and accept the same; provided, that all

such monies in the hands of the court clerk at the expiration of the

court clerk’s term of office must be turned over to the successor in

office.

Oklahoma Statutes - Title 58. Probate Procedure

Added by Laws 1915, c. 276, § 1. Amended by Laws 1941, p. 231, § 1;

Laws 1968, c. 396, § 1, emerg. eff. May 17, 1968; Laws 1972, c. 235,

§ 1, emerg. eff. April 7, 1972; Laws 1995, c. 286, § 13, eff. July

1, 1995; Laws 2025, c. 82, § 1, eff. Nov. 1, 2025.