Oklahoma · 58 O.S. §§239, 411–428, 462Oklahoma probate home sale: the court order, the 90% rule and confirmation

An Oklahoma executor or administrator sells estate real property on an order of the district court, after a verified application showing the sale is in the estate's best interest (58 O.S. §§411, 412, 418). The order sets the terms – cash, or one-fourth cash and the rest on credit of up to two years – and whether the sale is public or private (§419). For a private sale, notice is published once a week for two consecutive weeks and mailed to the heirs, and the sale can't happen until at least ten days after the first publication, and must happen within a year (§423). The court won't confirm a private sale for less than 90% of an appraisal made within one year, except for a sale under the will's authority (§424). After the sale the representative files a sworn return; the court sets a hearing on at least ten days' published and mailed notice, and a responsible person's written offer at least 10% higher may take the sale (§426). The confirmation order is recorded with the county register of deeds, and the deed refers to it (§§428, 429). Even when the will authorizes the sale, the executor files a return and no title passes until the court confirms (§462). The shortcut: with acknowledged written consents of all heirs, devisees and legatees, the court may authorize the personal representative to sell without further authorization, return or confirmation (§239).