All sources · 36,635 documents · Table of contents · Probate Procedure · Title 58 — Probate Procedure
Oklahoma
Title 58 — Probate Procedure
500 entries
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§58-32. Notices required to be published once each week for two or
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§58-33. "Newspaper" defined.
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§58-34. Mailing and proof of mailing - Persons authorized to make.
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§58-41. Proceedings on contest.
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§58-42. Judgment - Recording.
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§58-43. Witnesses on trial of contest - Depositions.
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§58-44. Recording of testimony - Admissibility.
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§58-51. Foreign wills recorded.
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§58-52. Petition - Hearing - Notice - Summary administration.
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§58-53. Proof required.
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§58-61. Causes for contesting will after probate.
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§58-62. Citations issued to whom.
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§58-63. Petition and notices when another will offered.
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§58-64. Hearing and judgment - New will, admitting to probate.
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§58-65. Result of revocation.
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§58-66. Costs of contest.
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§58-67. Probate conclusive, when.
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§58-81. Proceedings in case of lost will.
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§58-82. Special requisites of proof.
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§58-83. Court's certificate - Filing - Letters testamentary.
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§58-84. Restraint of former administration.
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§58-91. Nuncupative wills, how proved.
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§58-92. Nuncupative wills - Special requirements.
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§58-93. Proceedings in contest.
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§58-101. Letters to issue to executor or successor in interest of
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§58-102. Executors — Incompetency.
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§58-103. Failure of executors.
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§58-104. Objections to issue of letters - Letters of administration
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§58-105. Death of an executor.
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§58-106. Executor disqualified by absence or minority.
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§58-107. Two or more personal representatives.
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§58-108. Presumed renunciation of executorship.
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§58-109. Administrators with will annexed - Authority - Letters.
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§58-110. Form of letters testamentary.
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§58-111. Letters of administration with will annexed, form of.
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§58-121. Letters of administration.
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§58-122. Persons entitled to letters of administration.
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§58-123. Preferences.
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§58-124. Where several equally entitled - Creditors.
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§58-125. Letters to guardian of minor entitled.
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§58-126. Administrators — Incompetency.
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§58-127. Requisites of petition for administration.
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§58-128. Notice of hearing.
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§58-129. Contest of petition - Notice.
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§58-130. Hearing of the petition - Order.
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§58-131. Court entry as to proof conclusive.
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§58-132. Letters granted to applicant where no contest.
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§58-133. Proof of death intestate.
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§58-134. Nomination of stranger by person entitled.
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§58-135. Revocation in favor of person entitled.
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§58-136. Notice of such petition.
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§58-137. Hearing - Order.
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§58-138. Surviving spouse - Assertion of prior right.
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§58-161. Oath - Records.
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§58-162. Nonresident representative must appoint agent.
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§58-171. Necessity and requisites of bond.
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§58-173. Condition of bond.
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§58-174. Separate bond for each person - Exception.
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§58-175. Successive recoveries on the bond.
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§58-176. Justification of sureties - Approval of bond - Examination
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§58-177. Executor or administrator deposed when bond insufficient.
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§58-178. Bond waived by will.
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§58-179. Petition when bond insufficient - Further security.
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§58-180. Issuance and service of citations.
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§58-181. Hearing and order - New bond.
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§58-182. Revocation of letters for failure to file new bond.
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§58-183. Suspension of powers and removal for failure to give bond
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§58-184. Bond insufficient - Citation on personal knowledge of
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§58-185. Release, application by surety for - Issuance and service
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§58-186. Release allowed, when.
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§58-187. Refusal to give new sureties - Revocation of letters.
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§58-188. Hearings out of term time.
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§58-211. Special administrators appointed, when.
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§58-212. How appointed - Notice.
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§58-213. Preference.
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§58-214. Bond and oath of special administrator.
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§58-215. Duties of special administrator.
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§58-216. Special administrator superseded by regular appointee.
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§58-217. Account, special administrator must render.
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§58-218. Letters of administration revoked on proof of will.
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§58-219. Rights of executor or administrator with will annexed.
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§58-220. Surviving executor or administrator - Duties.
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§58-221. New administrator appointed, when.
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§58-231. Resignation and settlement - Revoking letters.
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§58-232. Acts before revocation of letters are valid.
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§58-233. Proof of appointment.
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§58-234. Duty of judge in case of embezzlement - Reports.
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§58-235. Citation on suspension - Revocation of letters.
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§58-236. Hearing of the issues.
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§58-237. Attendance of executor or administrator may be compelled.
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§58-238. Notice by publication, when.
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§58-239. Petition - Consent - Orders to be entered - Withdrawal of
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§58-240. Determination of heirs, devisees and legatees under
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§58-241. Dispensing with regular proceedings in estates under
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§58-242. Probate of will as conclusive.
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§58-243. Limitation of claims.
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§58-245. Petition for summary administration - Conditions -
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§58-246. Petition for summary administration - Notice.
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§58-247. Petition for summary administration - Hearing - Order.
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§58-251. Powers and duties of executors and administrators.
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§58-252. Actions.
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§58-253. Action for waste, trespass and conversion.
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§58-254. Certain actions against representatives.
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§58-255. Repealed by Laws 1997, c. 399, § 71, eff. Nov. 1, 1997.
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§58-256. Action against predecessor.
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§58-257. Joinder of parties.
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§58-258. Compromise with debtors allowable.
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§58-259. Fraudulent conveyances, recovery of.
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§58-260. Creditors must secure costs.
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§58-261. Sale of realty recovered.
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§58-262. Foreign executors and administrators - Right of action -
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§58-263. Conducting going business.
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§58-264. Borrowing money to pay taxes - Mortgage or pledge of
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§58-265. Approval of contract by judge of district court -
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§58-266. Renewal or extension of time of payment.
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§58-267. Validation of prior contracts.
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§58-268. Action against nonprobate beneficiaries for state and
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§58-269. Executor or administrator - Powers.
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§58-281. Inventory of estate.
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§58-282. Appraisement.
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§58-282.1. Release of real estate tax liability - Request - Notice
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§58-283. Oath of appraisers - Their duties.
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§58-284. Inventory to contain account of monies - Appraisement
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§58-285. Executor liable for debt to decedent.
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§58-286. Bequest to executor or another debtor of his debt.
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§58-287. Return of inventory.
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§58-288. Refusal to return inventory - Penalty - Revocation of
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§58-289. Additional inventory.
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§58-290. Rights and duties of representative - Possession of
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§58-292. Embezzlement before issue of letters - Civil liability -
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§58-293. Complaint on embezzlement - Citation.
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§58-294. Trial and judgment.
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§58-295. Account by third person entrusted with property.
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§58-311. Property to be delivered to the family - Homestead.
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§58-312. Exempt property also allowed family.
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§58-313. Homestead exempt from debt or liability.
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§58-314. Additional allowance for maintenance during settlement of
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§58-315. Allowance a preferred claim.
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§58-316. Who entitled to property set apart.
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§58-318. When widow has independent income.
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§58-331. Notice to creditors to present claims.
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§58-331.1. Identification of creditors.
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§58-331.2. Mailing of notice to creditors - Personal delivery of
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§58-332. Affidavit of mailing or personal delivery.
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§58-333. Bar of claims not presented in time - Exceptions.
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§58-334. Signing of claim - Contents of claim - Proof of claim.
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§58-335. Claims paid when not proved and allowed.
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§58-336. Claim by district judge - Proceedings.
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§58-337. Allowance and rejection of claims.
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§58-338. Claims filed in court after allowance.
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§58-339. Suit on rejected claim
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§58-340. Claims barred by statute not allowed - Hearing before
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§58-341. Claim must be presented before suit.
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§58-342. Vacancy in administration not included in limitation.
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§58-344. Partial allowance of claim.
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§58-345. Judgment only establishes claim.
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§58-346. Judgments before death, how collected.
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§58-347. Death between verdict and judgment.
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§58-348. Reference of claim to third person.
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§58-349. Duties of the referee - Proceedings.
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§58-350. Costs against representative.
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§58-351. Claim by personal representative.
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§58-352. Neglect to give notice to creditors.
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§58-353. Statement of claims.
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§58-354. Payment of interest-bearing claims not due.
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§58-380. Short title.
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§58-381. Property not exempt may be sold for debt.
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§58-382. Sales - Reports - Confirmation by court.
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§58-383. Petition for orders for sale
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§58-384. Order of sale - Requirements.
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§58-385. Authority to renew or extend mortgage or execute new
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§58-385.1. Verified petition by guardian - Contents - Limitations.
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§58-385.2. Hearing on guardian's petition - Notice.
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§58-385.3. Order for guardian to borrow money, execute mortgage,
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§58-385a. Borrowing money - Mortgage of estate realty - Grant of
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§58-385b. Petition - Contents - Time for filing - Limitations.
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§58-385c. Hearing on petition - Notice.
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§58-385d. Order to borrow money and mortgage realty - Execution of
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§58-386. Notice of hearing on petition.
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§58-387. What personal property may be sold without notice.
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§58-388. Sale of personalty.
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§58-389. Partnership interests, etc., may be sold.
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§58-391.1. Notice of sale of personalty at public auction - Place
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§58-391.2. Notice of sale of personalty at private sale - Place of
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§58-393. Payment or delivery of property to successor by affidavit.
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§58-394. Discharge and release upon payment or delivery of property
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§58-411. Realty may be sold.
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§58-412. Application for sale of realty.
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§58-413. Order for hearing on the petition.
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§58-414. Notice of order.
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§58-415. Hearing of petition.
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§58-416. Witnesses.
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§58-417. Sale of all rather than part of realty.
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§58-418. Order of sale.
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§58-419. Order, terms and method of the sale.
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§58-420. Petition for sale by third person.
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§58-421. Notice of sale at public auction.
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§58-422. Place and time of sale.
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§58-423. Private sale - Notice of - Bids.
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§58-424. Relationship of sale price to appraisement - Exception of
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§58-425. Security when sale is made on credit.
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§58-426. Return of sale - Hearing.
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§58-427. Objections to confirmation of return.
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§58-428. Confirmation of sale - Resale, when.
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§58-429. Conveyance and record - Effect of.
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§58-430. Proof of notice before order.
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§58-431. Postponement of sale.
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§58-432. Notice of postponement.
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§58-461. Provisions of the will must be followed.
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§58-462. Sale of property under the will - Confirmation.
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§58-462.1. Partition of property under the will - Sale
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§58-463. When provisions of will are insufficient.
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§58-471. Estate liable for debts.
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§58-471.1. Liability as dependent on time of granting letters.
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§58-472. Contribution from devisees and legatees.
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§58-481. Contract for the purchase of lands may be sold.
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§58-482. Terms of the sale of land contract.
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§58-483. What bond must specify.
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§58-484. Assignment of contract.
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§58-485. Sale of land subject to mortgage.
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§58-486. Holder of mortgage may purchase land.
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§58-491. Misconduct in sale.
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§58-492. Fraudulent sale - Damages.
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§58-493. Limitation of action to recover.
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§58-494. Persons under disabilities excepted.
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§58-495. Account of sale.
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§58-496. Representative cannot be a purchaser.
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§58-497. Contract with agent to procure purchaser.
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§58-498. Sale on increased bid to purchaser not procured by agent
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§58-499. Sale on increased bid procured by agent.
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§58-501. Representative to make deed under decedent's contract.
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§58-502. Application and hearing.
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§58-503. Hearing.
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§58-504. Decree.
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§58-505. Deed and record.
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§58-507. Effect of conveyance.
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§58-509. Enforcement of decree.
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§58-510. Death of claimant.
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§58-511. Decree may order possession.
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§58-512. Transfer of property to governmental entities - Approval
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§58-521. Promise to pay debts of decedent.
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§58-522. Representative chargeable with whole estate.
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§58-523. Representative shall not profit or lose.
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§58-524. Representative not chargeable with uncollected debts.
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§58-525. Expenses and compensation.
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§58-526. Cannot purchase claims.
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§58-527. Fees and commissions.
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§58-541. Accounting - Waiver - Sufficiency.
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§58-542. Citation upon failure.
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§58-543. Petition by third person for accounting.
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§58-544. Action upon petition.
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§58-545. Contest of the exhibit - Examination.
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§58-546. Penalty for refusal to account after citation. If any
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§58-547. Repealed by Laws 1994, c. 234, § 8, eff. Sept. 1, 1994.
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§58-548. Representative or guardian may be cited by successor -
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§58-549. Letters revoked for continued failure.
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§58-550. Vouchers or other proof of payment to accompany account.
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§58-551. Repealed by Laws 1994, c. 234, § 8, eff. Sept. 1, 1994.
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§58-552. Notice of settlement of account.
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§58-553. Date of hearing - Notice of final settlement.
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§58-554. Exceptions to the account.
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§58-555. Contest by heirs.
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§58-556. Settlement conclusive - Exception.
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§58-557. Proof of notice.
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§58-581. Investment of funds.
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§58-591. Order of payment of debts.
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§58-592. Limit as to mortgage.
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§58-593. Method of payment.
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§58-594. When certain expenses paid.
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§58-595. Order for the payment of debts.
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§58-596. Payment of unmatured, contingent, or disputed claims.
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§58-597. Liability of representative after order.
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§58-598. Rights of creditors not included in order.
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§58-611. Payment of legacies and distribution of estate - Extension
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§58-612. Final account and settlement.
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§58-613. Provisions applying to final settlement.
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§58-621. Petition for legacy or share of estate.
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§58-622. Notice of application - Waiver.
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§58-623. Who may resist petition.
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§58-624. Allowance of petition - Order.
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§58-625. Assessment against legatee or devisee.
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§58-631. Distribution.
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§58-632. Rights fixed by decree.
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§58-632.1. Validation of decrees entered prior to January 1, 1941.
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§58-632.2. Validation of decrees entered prior to January 1, 1951.
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§58-632.3. Compliance with notice requirements - Form of final
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§58-633. Delivery of estate to foreign executor or administrator -
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§58-634. Petition and notice for decree of distribution.
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§58-634.1. Judgment creditor of heir, legatee or devisee -
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§58-635. Taxes paid before decree.
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§58-652. Partition of common and undivided estates - Procedure.
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§58-661. Settlement of advancements.
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§58-671. Agent appointed for nonresident.
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§58-672. Bond and allowances of agent.
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§58-673. Sale of property unclaimed for a year.
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§58-674. Agent to render account.
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§58-675. Liability of agent on bond.
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§58-676. Claimant of property.
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§58-677. Petition by nonresident - Contents - Hearing - Objections.
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§58-691. Discharge of representative.
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§58-692. Property discovered after final settlement.
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§58-692.1. Title to omitted property without subsequent letters.
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§58-693. Disposition of monies due minor without guardian - Person
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§58-694. Search for minor.
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§58-695. Death of minor - Disposition of moneys.
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§58-701. Orders and decrees, requisites of.
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§58-702. Publications, how made.
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§58-703. Recorded decree is notice to all persons.
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§58-704. Citation must contain what.
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§58-705. Service of citation.
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§58-706. Personal notice, how given.
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§58-707. Time of service of citation.
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§58-707.1. Persons who may serve - Proof of service.
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§58-708. Description of real property in publication.
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§58-709. Trials and findings - Judgments, how enforced.
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§58-710. Attorney appointed by the court, when.
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§58-711. Recording of judgment or decree or notice of judgment or
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§58-712. Revocation of letters for contumacy.
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§58-713. Proof of death of person in military, naval or maritime
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§58-714. Joinder of proceedings relating to different estates.
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§58-715. Setting out or disclosing facts.
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§58-716. Orders fixing date of hearing and notice thereof -
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§58-717. Computation of time.
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§58-718.1. Proceedings for appointment of executor or administrator
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§58-718.2. Accounting and distribution.
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§58-718.3. Other papers, pleadings, and orders.
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§58-718.4. Certified copies as evidence.
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§58-719.1. Service of notices on Governor and Attorney General.
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§58-719.2. Consent by Governor to sale of property of estate.
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§58-721. Appealable judgments and orders of district court.
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§58-722. Party in default may not appeal.
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§58-723. Vacation of judgment.
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§58-724. Probate appeals taken as appeals in other cases.
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§58-731. Appeal does not stay issue of letters.
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§58-732. Appeal does not stay order revoking letters, etc.
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§58-741. Reversal for error does not affect lawful acts.
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§58-882. Renumbered as § 4-709 of Title 30 by Laws 1988, c. 329, §
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§58-898.1. Renumbered as § 2-116 of Title 30 by Laws 1988, c. 329,
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§58-901. District courts may approve deeds.
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§58-902. Petition for approval - Requirements.
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§58-903. Hearings in district court - Terms of sale.
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§58-905. This law exclusive - Repeal of conflicting laws - Court
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§58-911. Petition for determination - Hearing - Notice - Order and
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§58-912. Termination of joint tenancy or life tenancy with
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§58-912.1. Forms.
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§58-924. Oil, gas and mineral leases by executors and
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§58-925. Order of court authorizing lease - Public auction -
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§58-926. Sale of lease to highest bidder - Return of sale -
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§58-927. Validation of prior leases.
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§58-928. Unitizing with adjacent lands.
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§58-928.1. Oil and gas leases having a bonus value not exceeding
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§58-929.1. Sales and agreements by administrators and executors -
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§58-929.2. Filing of verified applications for approval - Contents.
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§58-929.3. Notice of hearing an application - Lands in other
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§58-929.4. Hearing - Appearances - Approval.
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§58-929.5. Confirmation - Additional bond.
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§58-931. Easements for pipelines, transmission lines, highways and
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§58-932. Application and hearing on granting of easement - Notice -
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§58-941. Presumption of death - Issuance of letters testamentary or
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§58-942. Petition for letters - Venue.
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§58-943. Contents of petition.
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§58-944. Date for hearing - Notice - Proof of publication and
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§58-945. Persons entitled to appear.
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§58-946. Hearing - Presumption of death - Search or inquiry -
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§58-961. Power to lease or extend lease - Term - Petition - Persons
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§58-962. Setting for hearing - Notice - Finding - Order.
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§58-963. Presentation of proposed lease to court - Review by court
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§58-1001. Disposition of property upon insufficient evidence of
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§58-1002. Beneficiaries.
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§58-1003. Joint tenants or tenants by the entirety.
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§58-1004. Husband and wife.
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§58-1005. Life or accident policies - Annuity contracts -
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§58-1006. Inapplication in certain cases.
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§58-1007. Construction and interpretation.
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§58-1008. Citation.
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§58-1051. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1052. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1053. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1055. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1056. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1058. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1059. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1060. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1061. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1062. Repealed by Laws 1992, c. 274, § 7, eff. Sept. 1, 1992.
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§58-1063. Supervised power of attorney.
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§58-1071. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1072. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1072.1. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1072.2. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1072.3. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1073. Disability, incapacity, or extended absence of principal
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§58-1074. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1075. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1076. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1077. Repealed by Laws 2021, c. 332, § 46, eff. Nov. 1, 2021.
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§58-1081. Standards of conduct and liability.
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§58-1101. Application of act.
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§58-1102. Petition - Filing - Contents.
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§58-1103. Hearing - Notice.
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§58-1104. Admission of will to probate - Appointment of surviving
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§58-1105. Final account - Filing - Requisites - Petition.
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§58-1106. Final account and petition - Date, time and place -
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§58-1201. Short title.
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§58-1202. Definitions.
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§58-1203. Applicability of law - Custodianship.
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§58-1204. Nomination of custodian.
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§58-1205. Irrevocable transfers to custodian.
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§58-1206. Personal representatives or trustees - Irrevocable
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§58-1207. Personal representatives, trustees or guardians -
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§58-1208. Persons holding property of or owing debt to minor -
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§58-1209. Acknowledgment of delivery.
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§58-1210. Creation of custodial property - Transfers.
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§58-1211. Limitations on transfers.
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§58-1212. Validity and effect of transfers.
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§58-1213. Powers and duties of custodians.
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§58-1214. Rights, powers and authority of custodians over property.
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§58-1215. Delivery or payment to minor - Expenditures for minor's
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§58-1216. Expenses and compensation of custodian - Bond.
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§58-1217. Persons dealing with purported custodian -
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§58-1218. Claims against custodial property - Liability of
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§58-1219. Successor or substitute custodian.
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§58-1220. Accounting by custodian.
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§58-1221. Minor's death or attainment of majority.
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§58-1222. Transfer under other laws after effective date of act.
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§58-1223. Transfers under other law prior to effective date.
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§58-1224. Application and construction.
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§58-1225. Inapplicability of law to certain transfers - Effect.
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§58-1251. Short title.
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§58-1252. Transfer-on-death deed - Notice to beneficiary -
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§58-1253. Transfer-on-death, form.
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§58-1254. Revocation or change of grantee beneficiary - Effect of
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§58-1255. Grantee interest subject to encumbrances - Non-consensual
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§58-1256. Effect of deed on joint tenancy – “Joint owner” defined.
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§58-1257. Record owner considered absolute owner.
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§58-1258. Transfer-on-death deed not considered testamentary
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§58-3001. Short title - Uniform Power of Attorney Act.
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§58-3002. Definitions.
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§58-3003. Applicability.
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§58-3004. Power of attorney is durable.
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§58-3005. Execution of power of attorney.
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§58-3006. Validity of power of attorney.
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§58-3007. Meaning and effect of power of attorney.
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§58-3008. Nomination of guardian – Relation of agent to court-
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§58-3009. When power of attorney effective.
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§58-3010. Termination of power of attorney or agent's authority.
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§58-3011. Coagents and successor agents.
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§58-3012. Reimbursement and compensation of agent.
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§58-3013. Acceptance as agent.
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§58-3014. Agent's duties.
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§58-3015. Exoneration.
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§58-3016. Judicial relief.
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§58-3017. Agent's liability.
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§58-3018. Agent's resignation - Notice.
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§58-3019. Acceptance of and reliance upon acknowledged power of
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§58-3020. Liability for refusal to accept acknowledged power of
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§58-3021. Principles of law and equity.
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§58-3022. Laws applicable to financial institutions and entities.
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§58-3023. Remedies under other law.
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§58-3024. Authority that requires specific grant – Grant of general
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§58-3025. Incorporation of authority.
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§58-3026. Construction of authority generally.
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§58-3027. Real property.
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§58-3028. Tangible personal property.
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§58-3029. Stocks and bonds.
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§58-3030. Commodities and options.
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§58-3031. Banks and other financial institutions.
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§58-3032. Operation of entity or business.
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§58-3033. Insurance and annuities.
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§58-3034. Estates, trusts, and other beneficial interests.
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§58-3035. Claims and litigation.
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§58-3036. Personal and family maintenance.
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§58-3037. Benefits from governmental programs or civil or military
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§58-3038. Retirement plans.
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§58-3039. Taxes.
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§58-3040. Gifts.
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§58-3041. Statutory power of attorney form.
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§58-3042. Agent's certification.
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§58-3043. Uniformity of application.
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§58-3044. Relation to Electronic Signatures in Global and National
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§58-3045. Effect on existing powers of attorney.
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§58-3101. Short title — Revised Uniform Fiduciary Access to Digital
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§58-3102. Definitions.
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§58-3103. Applicability.
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§58-3104. Online tool for disclosure of digital assets.
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§58-3105. Construction with custodian, fiduciary or designated
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§58-3106. Procedure for disclosing digital assets.
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§58-3107. Disclosure of electronic communications content of
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§58-3108. Disclosure of electronic communications catalog of
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§58-3109. Disclosure of electronic communications content of
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§58-3110. Disclosure of other digital assets of principal to agent.
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§58-3111. Disclosure of digital assets to trustee that is an
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§58-3112. Disclosure of electronic communications content to
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§58-3113. Disclosure of other digital assets to trustee that is not
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§58-3114. Disclosure of digital assets to guardian.
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§58-3115. Fiduciary duties and authority.
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§58-3116. Compliance with request to disclose digital assets or
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§58-3117. Promotion of uniformity.
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§58-3118. Relation of act to Electronic Signatures in Global and
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§58-3119. Severability.