A. The district court has probate jurisdiction, and the judge thereof power, which must be exercised in the cases and in the manner prescribed by statute: 1. To open and receive proof of last wills and testaments, and to admit them to proof and to revoke the probate thereof, and to allow and record foreign wills; 2. To grant letters testamentary, of administration and of guardianship, and to revoke the same; 3. To appoint appraisers of estates of deceased persons and of minors and incapacitated persons; 4. To compel personal representatives and guardians to render accounts; 5. To order the sale of property of estates, or belonging to minors or to incapacitated persons; 6. To order the payments of debts from estates or guardianships; 7. To order and regulate all distribution of property or estates of deceased persons; 8. To compel the attendance of witnesses and the production of title deeds, papers, and other property of an estate, or of a minor, or incapacitated persons; 9. To exercise all the powers conferred by this chapter or by other law; 10. To make such orders as may be necessary to the exercise of the powers conferred upon it; and
11. To appoint and remove guardians for infants, and for persons insane or who are otherwise incapacitated persons; to compel payment and delivery by them of money or property belonging to their wards, to control their conduct and settle their accounts. B. The district court which has jurisdiction and venue of the administration of any estate is granted jurisdiction and venue to cause Oklahoma and federal estate taxes to be equitably apportioned and collected. C. The district court which has jurisdiction and venue of the administration of any estate is granted unlimited concurrent jurisdiction and venue to hear and determine: 1. In whom the title to any property is vested, whether the property is real, personal, tangible, intangible, or any combination thereof; 2. Rights with respect to such property as to all persons and entities; 3. Whether or not such property is subject to the jurisdiction of the court in the decedent's estate; and 4. Issues relating to trusts or issues involving a guardian or ward that may arise. D. For proceedings under subsection C of this section, service of notice and process shall be required as in other cases and the provisions of the Oklahoma Pleading Code, Section 2001 et seq. of Title 12 of the Oklahoma Statutes, shall be followed. R.L. 1910, § 6189. Amended by Laws 1953, p. 232, § 1; Laws 1963, c. 98, § 1, emerg. eff. May 27, 1963; Laws 1989, c. 276, § 1, eff. Nov. 1, 1989; Laws 1995, c. 253, § 6, eff. Nov. 1, 1995; Laws 1997, c. 224, § 2, eff. Nov. 1, 1997; Laws 2001, c. 58, § 1, eff. Nov. 1, 2001.
Notes of Decisions
In the Matter of the Est. of Vose, 2017 OK 3 (Okla. 2017).
· cites it 18× “¶15 To begin, authority 5 in probate matters is conferred upon the district courts of Oklahoma by 58 O.S. 2011 § 1. 6 The district court sitting in probate has the power to order and regulate all distribution of property or estates of deceased persons.”
Est. of Hughes v. Hepler, 2004 OK 20 (Okla. 2004).
· cites it 6× “[4] The district court's probate jurisdiction is fixed by statute, 58 O.S.2001, § 1, and its jurisdiction extends to the attorney fees charged for the administration of the estate, 58 O.”
Wilson v. Kane, 852 P.2d 717 (Okla. 1993).
· cites it 4× “Laws 1989, c. 198, § 1 and Okl.Sess. Laws 1991, c.”
Est. of Estes v. Kramer, 1999 OK 59 (Okla. 1999).
· cites it 6× “¶22 In the present case, inter-docket boundaries limited probate to “(1) ascertaining whether the decedent died testate or intestate, and if testate, (2) what testamentary disposition, if any, may be admitted to probate, (3) the administration of the estate’s assets and (4) the…”
Berryhill v. Rhodes, 335 P.3d 779 (Okla. 2014).
· cites it 2× “999, 1000 (when adjudicating the issue whether a guardianship could be transferred between two county courts and after discussing the jurisdiction of county courts in "probate matters," the Court explained that on county court had not acquired jurisdiction "of this probate…”
In the Matter of the Est. of Fulks, 2020 OK 94 (Okla. 2020).
· cites it 2× “19 Title 58 O.S. 2011 §§1 et seq. 20 In the Matter of Estate of Brown , 1979 OK 128, ¶19, 600 P.”
Booth v. McKnight, 2003 OK 49 (Okla. 2003).
“The terms of 58 O.S.Supp.1997 § 1(C) provide: The district court which has jurisdiction and venue of the administration of any estate is granted unlimited concurrent jurisdiction and venue to hear and determine: 1.”
In Re Est. of Metz, 2011 OK 26 (Okla. 2011).
· cites it 2× “Because the record before this Court demonstrates that Decedent intended to create a joint tenancy with right of survivorship in Appellant, we reverse.”
Jernigan v. Jernigan, 2006 OK 22 (Okla. 2006).
“The district court which has jurisdiction and venue of the administration of any estate is granted unlimited concurrent jurisdiction and venue to hear and determine: 1. In whom the title to any property is vested, whether the property is real, personal, tangible, intangible, or…”
McGehee v. Arvest Trust Co., 2007 OK 68 (Okla. 2007).
· cites it 2× “58 O.S.2001 § 1 et seq.; Williams v. Mulvihill, 1993 OK 5, ¶8 , 846 P.”
— Okla. Stat. tit. 58, § 1(2) — 1 case
Berryhill v. Rhodes, 335 P.3d 779 (Okla. 2014).
“999, 1000 (when adjudicating the issue whether a guardianship could be transferred between two county courts and after discussing the jurisdiction of county courts in "probate matters," the Court explained that on county court had not acquired jurisdiction "of this probate…”
— Okla. Stat. tit. 58, § 1(A)(10) — 1 case
In the Matter of the Est. of Vose, 2017 OK 3 (Okla. 2017).
“¶15 To begin, authority 5 in probate matters is conferred upon the district courts of Oklahoma by 58 O.S. 2011 § 1. 6 The district court sitting in probate has the power to order and regulate all distribution of property or estates of deceased persons.”
— Okla. Stat. tit. 58, § 1(A)(7) — 1 case
In the Matter of the Est. of Vose, 2017 OK 3 (Okla. 2017).
“¶15 To begin, authority 5 in probate matters is conferred upon the district courts of Oklahoma by 58 O.S. 2011 § 1. 6 The district court sitting in probate has the power to order and regulate all distribution of property or estates of deceased persons.”
— Okla. Stat. tit. 58, § 1(A)(9) — 1 case
Est. of Hughes v. Hepler, 2004 OK 20 (Okla. 2004).
“[4] The district court's probate jurisdiction is fixed by statute, 58 O.S.2001, § 1, and its jurisdiction extends to the attorney fees charged for the administration of the estate, 58 O.”
— Okla. Stat. tit. 58, § 1(B) — 1 case
In the Matter of the Est. of Vose, 2017 OK 3 (Okla. 2017).
“¶15 To begin, authority 5 in probate matters is conferred upon the district courts of Oklahoma by 58 O.S. 2011 § 1. 6 The district court sitting in probate has the power to order and regulate all distribution of property or estates of deceased persons.”
— Okla. Stat. tit. 58, § 1(C) — 4 cases
Booth v. McKnight, 2003 OK 49 (Okla. 2003).
“The terms of 58 O.S.Supp.1997 § 1(C) provide: The district court which has jurisdiction and venue of the administration of any estate is granted unlimited concurrent jurisdiction and venue to hear and determine: 1.”
Est. of Hughes v. Hepler, 2004 OK 20 (Okla. 2004).
“[4] The district court's probate jurisdiction is fixed by statute, 58 O.S.2001, § 1, and its jurisdiction extends to the attorney fees charged for the administration of the estate, 58 O.”
Jernigan v. Jernigan, 2006 OK 22 (Okla. 2006).
“The district court which has jurisdiction and venue of the administration of any estate is granted unlimited concurrent jurisdiction and venue to hear and determine: 1. In whom the title to any property is vested, whether the property is real, personal, tangible, intangible, or…”
In the Matter of the Est. of Vose, 2017 OK 3 (Okla. 2017).
“¶15 To begin, authority 5 in probate matters is conferred upon the district courts of Oklahoma by 58 O.S. 2011 § 1. 6 The district court sitting in probate has the power to order and regulate all distribution of property or estates of deceased persons.”
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