Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution. And in addition thereto, the following property must be immediately delivered by the executor
or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely: 1. All family pictures. 2. A pew or other sitting in any house of worship. 3. A lot or lots in any burial ground. 4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00). 5. All wearing apparel and clothing of the decedent and his family. 6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year. 7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding. No such property shall be liable for any prior debts or claims whatever. R.L.1910, § 6328; Laws 1947, p. 345, § 1; Laws 1953, p. 236, § 19.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1953–2025 · leading case:
Casey v. Casey, 2005 OK 13, 109 P.3d 345.
Casey v. Casey, 2005 OK 13, 109 P.3d 345.
· cites it 13× “While Widow asserts no title or ownership claim in the property, she claims merely that the Joint Tenants' interest is subject to her homestead right to possession and occupancy as a surviving spouse pursuant to 58 O.S.2001, § 311. The trial court sustained the Joint Tenants'…”
Spain v. Kernell, 672 P.2d 1162 (Okla. 1983).
· cites it 6× “1981 § 316 provide: "When personal property is set apart for the use of the family, in accordance with the provisions of this article [now 58 O.S. § 311 et seq.], if the decedent left a widow or surviving husband, and no minor child, such property is the property of the widow or…”
Tulsa Prof'l Collection Servs., Inc. v. Pope, 733 P.2d 396 (Okla. 1986).
“§ 312 presents us with our old nemesis, “last illness” when, after increasing the property mentioned in the preceding section, (58 O.S.1981, § 311), states “there shall also be allowed and set apart to the surviving wife or husband or minor child or children of the decedent all…”
Matter of Est. of Wallace, 648 P.2d 828 (Okla. 1982).
“Appellant’s argument is two pronged: first, that our statute, 58 O.S.1971, § 311, does not authorize consideration of abandonment prior to the death of a spouse as a ground for forfeiture, and the property therefore had to be set apart to her as the surviving spouse; and second,…”
Mercer v. Mercer, 365 P.2d 554 (Okla. 1961).
· cites it 2× “Title 58 O.S.Supp.1953 § 311 gives to the surviving spouse the right to continue to possess and occupy the whole homestead.”
Ware v. Beach, 322 P.2d 635 (Okla. 1957).
“1951 § 312 provides that in addition to the property mentioned in section 311, supra, all property or money that is exempt by law from levy and sale on execution or other final process shall be allowed and set apart to the surviving spouse.”
Matter of Est. of Burns, 585 P.2d 1126 (Okla. Civ. App. 1978).
“58 O.S.1971 §§ 311 & 316. *1130 At the widow’s death in 1952, in the absence of a will or of a surviving spouse, the widow’s children would succeed to the ownership of the Bible in equal shares.”
In re the Est. of Dawson, 561 P.2d 150 (Okla. Civ. App. 1976).
· cites it 3× “1971, § 213 Second, and 58 O.S.1971, § 311 to the estate of Ralph *152 Dawson, the court held that the homestead (the only separate property of the deceased) passed to the surviving widow and was not subject to administration.”
Matter of Est. of Fields, 1998 OK CIV APP 129, 964 P.2d 955.
· cites it 2× “Fields actually occupied when he died, relying primarily on 58 O.S.1991 § 311, which provides that “[u]pon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration…”
In the Matter of the Est. of Evans, 2024 OK 65, 556 P.3d 623.
· cites it 18× “Second to this initial query is whether assertion of the homestead right is controlled by 58 O.S.2011, § 311. In connection with these issues, we also look at prior decisions addressing the right of individuals to claim the homestead exemption.”
Eagleton v. Broughton, 2017 OK CIV APP 2, 394 P.3d 284.
· cites it 2× “In January 2016, the court denied Wife’s motion to find the deed invalid and award a forced share, denied Wife’s application for a surviving spouse allowance, and held that “the motion to determine rights of surviving spouse is determined pursuant to 58 O.S. § 311 with regard to…”
Okla. Stat. tit. 58, § 311(7): 1 case
Spain v. Kernell, 672 P.2d 1162 (Okla. 1983).
“1981 § 316 provide: "When personal property is set apart for the use of the family, in accordance with the provisions of this article [now 58 O.S. § 311 et seq.], if the decedent left a widow or surviving husband, and no minor child, such property is the property of the widow or…”
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