Okla. Stat. » Title 58 — PROBATE PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 58, § 721 (2026)

Appealable judgments and orders of district court

✓ current as of July 2026
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An appeal may be taken from the following judgments or orders of the district court: 1. Granting, or refusing, or revoking letters testamentary or of administration, or of guardianship, or conservatorship; 2. Admitting, or refusing to admit, a will to probate; 3. Against or in favor of the validity of a will or revoking the probate thereof; 4. Against or in favor of setting apart property, or making an allowance for a widow or child; 5. Against or in favor of directing the partition, sale or conveyance of real property; 6. Settling an account of an executor, or administrator or guardian; 7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share; 8. Refusing or allowing the release of estate tax liability; 9. An order determining liability for estate taxes made pursuant to Section 268 of this title; or 10. From any other judgment, decree or order of the court in a probate cause, or of the judge thereof, affecting a substantial right. R.L.1910, § 6501; Laws 1968, c. 413, § 1, eff. Jan. 13, 1969; Laws 1980, c. 286, § 1, eff. Oct. 1, 1980; Laws 1991, c. 148, § 4, eff. Sept. 1, 1991.

Notes of Decisions
Cited in 38 cases (7 in the last 5 years), 1959–2025 · leading case: In the Matter of the Guardianship of Berry, 2014 OK 56.
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In the Matter of the Guardianship of Berry, 2014 OK 56. · cites it 8× “§ 3-106, certain orders in guardianship cases are made appealable by 58 O.S.2011 § 721. 13 Application of these statutes requires examining the nature of the decisions brought for our review.”
Williams v. Mulvihill, 846 P.2d 1097 (Okla. 1993). · cites it 8× “2 are: " * * * A judgment includes any judgment or final order appealable under the provisions of: ****** (9) 58 O.S.1991 § 721 Subdiv. (7) * * *” [Emphasis supplied.”
Matter of Est. of Nation, 834 P.2d 442 (Okla. 1992). · cites it 8× “counsels, I would overrule Tayrien 44 but only insofar as it holds the order denying partial distribution to an omitted heir is not appealable under the provisions of 58 O.S.1951 § 721. As for my response to the court’s conclusion that the quest for corrective relief came too…”
Matter of Est. of Sneed, 1998 OK 8, 953 P.2d 1111. · cites it 2× “Certain interlocutory probate orders — see the provisions of 58 O.S.1991 § 721 — are appealable by right within thirty days after they are entered.”
Collier v. Reese, 2009 OK 86, 223 P.3d 966. “1993 § 993(A)(6)); (h) Are enumerated in 58 O.S.1991 § 721 (interlocutory probate orders but not orders allowing a final account and granting a decree of distribution); or (i) Are made under the provisions of 15 O.”
Towne v. Hubbard, 1999 OK 10, 977 P.2d 1084. · cites it 2× “¶ 3 (3) appealability of a guardianship (or probate) order is governed generally by the provisions of 58 O.S.1991 § 721. In re Mize’s Guardianship, 193 Okla.”
Raven Resources, L.L.C. v. Legacy Bank, 2009 OK CIV APP 101, 229 P.3d 1273. “, 58 O.S.2001 § 721, (authorizing appeal from certain orders in probate proceedings).”
In re the Est. of Griffin, 554 P.2d 785 (Okla. 1976). · cites it 3× “Appealable orders in probate causes are those within the purview of 58 O.S.1971 § 721. Appealable orders are those: 1.”
In Re the Est. of Rettenmeyer, 345 P.2d 872 (Okla. 1959). “At the time of this hearing the issues before the county court concerned the recovery of the funds used to buy the annuities, the alleged misappropriation of funds and property by JAR, the allowance of homestead, and failure to inventory funds and property and the ante-nuptial…”
Prickett v. Moore, 684 P.2d 1191 (Okla. 1984). “The terms of 58 O.S.1981 § 721(5) and (9) provide in pertinent part: “An appeal may be taken from the following judgments or orders of the district court: * * * 5.”
In Matter of Est. of Brown, 600 P.2d 857 (Okla. 1979). “DOOLIN, Justice: We review and entertain the appeal in this matter as one affecting a substantial right under 58 O.S.1971 § 721(8) and Rule 1.60(g), 12 O.”
Gould v. Smith, 405 P.2d 82 (Okla. 1965). “VII, of our Oklahoma Constitution, the county court, co7 extensive with the county, is vested with original jurisdiction in all probate matters, while by Section 12, Art. VII, the county court is given the general jurisdiction of a probate court, including power to appoint…”
Show all 38 citing cases →
Okla. Stat. tit. 58, § 721(1): 2 cases
Matter of Est. of Franz, 625 P.2d 1276 (Okla. Civ. App. 1979).
In the Matter of the Est. of Landing, 2023 OK 117.
Okla. Stat. tit. 58, § 721(10): 7 cases
In the Matter of the Guardianship of Berry, 2014 OK 56. “§ 3-106, certain orders in guardianship cases are made appealable by 58 O.S.2011 § 721. 13 Application of these statutes requires examining the nature of the decisions brought for our review.”
Williams v. Mulvihill, 846 P.2d 1097 (Okla. 1993). “2 are: " * * * A judgment includes any judgment or final order appealable under the provisions of: ****** (9) 58 O.S.1991 § 721 Subdiv. (7) * * *” [Emphasis supplied.”
Matter of Est. of Nation, 834 P.2d 442 (Okla. 1992). “counsels, I would overrule Tayrien 44 but only insofar as it holds the order denying partial distribution to an omitted heir is not appealable under the provisions of 58 O.S.1951 § 721. As for my response to the court’s conclusion that the quest for corrective relief came too…”
Towne v. Hubbard, 1999 OK 10, 977 P.2d 1084. “¶ 3 (3) appealability of a guardianship (or probate) order is governed generally by the provisions of 58 O.S.1991 § 721. In re Mize’s Guardianship, 193 Okla.”
In the Matter of the Est. of Landing, 2023 OK 117.
Okla. Stat. tit. 58, § 721(4): 2 cases
Hixson v. Cook, 379 P.2d 677 (Okla. 1962).
Matter of Est. of Fields, 1998 OK CIV APP 129, 964 P.2d 955.
Okla. Stat. tit. 58, § 721(5): 2 cases
Williams v. Mulvihill, 846 P.2d 1097 (Okla. 1993). “2 are: " * * * A judgment includes any judgment or final order appealable under the provisions of: ****** (9) 58 O.S.1991 § 721 Subdiv. (7) * * *” [Emphasis supplied.”
Prickett v. Moore, 684 P.2d 1191 (Okla. 1984). “The terms of 58 O.S.1981 § 721(5) and (9) provide in pertinent part: “An appeal may be taken from the following judgments or orders of the district court: * * * 5.”
Okla. Stat. tit. 58, § 721(7): 2 cases
Matter of Est. of Nation, 834 P.2d 442 (Okla. 1992). “counsels, I would overrule Tayrien 44 but only insofar as it holds the order denying partial distribution to an omitted heir is not appealable under the provisions of 58 O.S.1951 § 721. As for my response to the court’s conclusion that the quest for corrective relief came too…”
In the Matter of the Est. of Boyd, 2014 OK CIV APP 20, 321 P.3d 1001.
Okla. Stat. tit. 58, § 721(8): 2 cases
Williams v. Mulvihill, 846 P.2d 1097 (Okla. 1993). “2 are: " * * * A judgment includes any judgment or final order appealable under the provisions of: ****** (9) 58 O.S.1991 § 721 Subdiv. (7) * * *” [Emphasis supplied.”
In Matter of Est. of Brown, 600 P.2d 857 (Okla. 1979). “DOOLIN, Justice: We review and entertain the appeal in this matter as one affecting a substantial right under 58 O.S.1971 § 721(8) and Rule 1.60(g), 12 O.”
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