The Oklahoma Bar Journal November 2024

and the estate is ready for clos ing. 62 The petition should also set out and request that attorney fees and costs be approved and paid, 63 as well as any commission to which the PR may be entitled if same has not been waived. 64 As with the order and notice of hearing on the initial petition, the date and time of the hearing upon the final account and petition must be set by the court. Hearing on the final account and petition must be set at least 20 days after filing. 65 Notice of the hearing, if not previ ously waived, must be mailed to all heirs, legatees and devisees whose addresses are known at least 10 days prior to the hearing. Notice must also be published in a newspaper published in the county, once per week for two consecutive weeks. 66 The notice must state the name of the decedent and of the PR, the date and time of the hearing and that the account is for the final settle ment and distribution of the estate. 67 Proof of mailing and of publication must be filed with the court. 68 ORDER ALLOWING FINAL ACCOUNT, DISTRIBUTION AND DISCHARGE OF PR The court’s final decree must include a finding that notice to creditors was given as required and that all claims not filed within the time permitted for presentment are nonsuited, void and forever barred. 69 The court must also specifically find that notice of the settlement of the final account and petition for distribution was given as required by law. 70 The court must name the persons entitled to share in the estate and the propor tion or part of the estate to which ORDER AND NOTICE OF HEARING

and publication, account of sale(s) and confirmation of the sale(s) by the court.

APPLICATION TO SELL PROPERTY, IF NEEDED

It may be necessary for the PR to sell estate property to pay attorney fees and costs, allowed creditor claims or other estate expenses. 54 Personal property can be sold with out notice if it is perishable, likely to depreciate in value or will incur loss or expense by being kept. 55 If property is sold under the author ity of a will containing a power of sale, the sale must be confirmed by the court unless confirmation has been waived by all heirs, devi sees and legatees. 56 If there is no will or the will does not grant the PR authority to sell property, the PR can still sell property but must first obtain court permission. The PR can file a petition or application to sell prop erty, accompanied by the written consents of all heirs, devisees and legatees as determined by court pursuant to 58 O.S. §240, including the PR’s written consent if he or she is an heir, devisee or legatee. 57 The court may then enter an order authorizing the PR “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 con veyance, without further judicial authorization or a return of sale or confirmation of such sale or trans action.” 58 The court may also, if consented to by all the heirs, devi sees and legatees, waive the filing and necessity of court approval of any accountings. 59 If the PR is unable to obtain the consents of all heirs, devisees and legatees, the PR must follow the full sales proce dure outlined in 58 O.S. §380 et seq. , which requires, among other things, appraisal, notices by mail

FINAL ACCOUNT AND PETITION FOR DISTRIBUTION

In the final account and peti tion for distribution of the estate, the PR explains what he/she has done during the administration of the estate and asks the court to approve the accounting and distribute the remaining estate to those entitled. One of the main purposes of administer ing an estate is the payment of the decedent’s debts, therefore the PR must show that notice to creditors was given, by mail and publication, and that all claims and expenses of administration have been paid, or provisions for payment have been made, before the final account is filed. 60 The PR, under oath, must account for all the money received and expended by him/her, state that the time to present claims has expired and the amount of all claims presented against the estate, by whom, and whether such claims have been paid or rejected (and if rejected that the time to litigate the claim has passed), and any other matters to show that the estate is ready to be distributed and closed. 61 If all persons entitled to a distribution have waived a final accounting or if the PR is the sole person enti tled to distribution, no itemized account of income and expenses is required, and it is sufficient for the PR to file an affidavit stating that all income has been properly received and expenses lawfully made, all allowed and approved claims have been paid, all funeral expenses, taxes and costs of administrator have been paid,

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

54 | NOVEMBER 2024

THE OKLAHOMA BAR JOURNAL