§30-4-759. Sale of oil, gas, mining leases.
Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are hereby authorized and empowered to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of such deceased persons or of such minors or incapacitated or […]
§30-4-805. Distribution of personal property of intestate ward.
When an adult ward shall die intestate leaving only personal property and his total estate does not exceed Ten Thousand Dollars ($10,000.00), the guardian shall proceed to probate and distribute his estate in the same manner as if he had been appointed personal representative of such estate, and the surety or sureties on his bond […]
§30-4-760. Testimony – Witnesses – Attendance and examination of.
At the hearing on the petition the guardian may be examined on oath, witnesses may be produced and examined, and process to compel the attendance and testimony of witnesses may be issued by the court. R.L. 1910, § 6561. Amended by Laws 1988, c. 329, § 107, eff. Dec. 1, 1988. Renumbered from Title 58, […]
§30-4-901. Civil liability of guardians or petitioners – Damages.
A. Any guardian who willfully violates the duties or willfully misuses the powers assigned by the court and thereby causes injury to the ward or damages to the financial resources of the ward shall, in addition to any criminal penalties, be liable in a civil action for any actual damages suffered by the ward. Nothing […]
§30-4-761. Costs awarded prevailing party on hearing of objections to order.
If any person entitled to notice of the proceeding enters an objection to the requests made in the petition, the court may, in granting or refusing the order requested by the petition, award costs to the prevailing party, and enforce the payment thereof. R.L. 1910, § 6562. Amended by Laws 1953, p. 247, § 76; […]
§30-4-762. Order for sale – Public or private sale.
If, after a full examination, it appears necessary or for the benefit of the ward that the real or personal estate of the ward, or some part thereof, should be sold, the court may grant an order therefor, specifying therein the causes or reasons why the sale is necessary or beneficial, and may, if the […]
§30-4-763. Sale bond by guardian.
Every guardian authorized to sell real estate shall, before the sale, give bond to the State of Oklahoma, with sufficient surety to be approved by the court, with condition to sell the same in the manner and to account for the proceeds of the sale as provided for by the Oklahoma Guardianship and Conservatorship Act. […]
§30-4-764. Sales governed by same law as in estates of decedents.
Except as otherwise specifically provided by the Oklahoma Guardianship and Conservatorship Act, all the proceedings pursuant to petitions of guardians for sales of property of their wards, giving notice and the hearing of such petitions, granting and refusing an order of sale, directing the sale to be made at public or private sale, reselling the […]
§30-4-765. Order in force for one year only.
No order of sale granted pursuant to Sections 4-751 through 4-770 of this title continues in force more than one (1) year after granting the same, without a sale being had. R.L. 1910, § 6566. Amended by Laws 1953, p. 247, § 79; Laws 1988, c. 329, § 112, eff. Dec. 1, 1988. Renumbered from […]
§30-4-766. Terms of sale – Security.
All sales of real estate of wards must be for cash, or for part cash and part deferred payments not to exceed ten (10) years, bearing interest from date of sale as, in the discretion of the court, is most beneficial to the ward. A guardian making a sale of real property shall demand and […]