{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-239","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-239","heading":"Petition - Consent - Orders to be entered - Withdrawal of","body":"waivers or consents - Consent not required, when.\n\nA. After the appointment of the personal representative, and,\n\nprovided that a determination of the identities of the heirs,\n\ndevisees and legatees of the decedent has been made pursuant to the\n\nprovisions of Section 240 of this title, and upon the filing of a\n\npetition or application, the petition to be accompanied by\n\nacknowledged, written consents by all heirs, devisees and legatees,\n\nother than contingent devisees and legatees, persons authorized to\n\nact on behalf of any heir, devisee or legatee under any legal\n\ndisability, and personal representatives of the estate of any\n\ndeceased heir, devisee or legatee, the court may enter an order:\n\n1. Authorizing the personal representative to sell, grant,\n\nlease, mortgage or encumber any real or personal property including\n\nmineral interests, and to execute and issue deeds, leases, bills of\n\nsale, notes, mortgages, easements and other documents of conveyance,\n\nwithout further judicial authorization or a return of sale or\n\nconfirmation of such sale or transaction. Any sale or transaction\n\nso authorized shall pass title to the purchaser without being\n\nconfirmed by the court, notwithstanding any statutory provision to\n\nthe contrary; or\n\n2. Waiving the filing of any accounting specified in the\n\nconsents of the persons herein named, or waiving the necessity for\n\npresentation to the court for approval of any such accounting.\n\nB. Waivers or consents may be withdrawn at any time and\n\nthereafter all acts shall be in accordance with regular statutory\n\nprocedures. A withdrawal of a waiver or consent shall be effected\n\nby filing a written statement of withdrawal with the court clerk and\n\nby serving a certified copy on the personal representative or the\n\nattorney for the personal representative by certified mail.\n\nC. Notwithstanding the foregoing, if the petition or\n\napplication is filed after three (3) months from the date of\n\nadmission of the will to probate, and no appeal of the admission of\n\nthe will is pending nor has any contest to admission of the will to\n\nprobate been filed after admission of the will to probate, and if\n\nthe will contains a residuary disposition clause, then the consents\n\nof heirs who are neither devisees nor legatees shall not be\n\nrequired.","path":["OK Code","Title 58"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eca2ebdeacf418a64a9c92ccd4ef71d68faf811a2c67485d3b5f0474192c401f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-238","next":"us-ok/okla.-stat.-tit.-58-58-24"},"notice":"GroundRules: Original legal text. Not legal advice."}