Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB54

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/14/23  
Engrossed
2/23/23  
Refer
3/29/23  

Caption

Small estate administration; authorizing entities to release property upon receipt of affidavit; adding property required to be paid or delivered upon receipt of affidavit. Effective date.

Impact

The implementation of SB54 is expected to simplify the estate administration process for small estates, reducing the burden on both successors and administrative entities. By allowing heirs to claim their rightful property through a straightforward affidavit, the bill seeks to expedite the transition of assets and minimize the administrative costs often associated with probate. This change can help facilitate quicker access to assets for those who may be financially vulnerable following a death.

Summary

SB54 is an Act concerning small estate administration in Oklahoma, specifically addressing the processes by which property is transferred following the death of an individual. The bill amends existing statutes to allow for more streamlined procedures by authorizing entities to release property upon the receipt of specific affidavits from successors of the decedent. This is particularly applicable when the total value of the decedent’s assets does not exceed $50,000, allowing heirs to claim their rights without the need for formal probate proceedings.

Sentiment

The sentiment around SB54 appears to be generally positive, especially among advocates for smaller estates or those focused on simplifying legal and bureaucratic processes in estate management. Supporters argue that the legislative change is necessary to modernize and optimize estate administration for small or uncomplicated estates, encouraging more accessible processes for families navigating the aftermath of a loved one's passing.

Contention

While the bill has received enthusiastic support, some concerns were raised regarding the potential for misuse of affidavits. The legislation imposes penalties for submitting false affidavits, such as fines and imprisonment, which might not fully prevent dishonest claims. Critics worry about the enforcement of these provisions and express the necessity for safeguards to ensure the integrity of the affidavit process. Despite these concerns, the recognition of smaller estate complexities and their unique challenges has propelled the bill forward.

Companion Bills

OK SB54

Carry Over Small estate administration; authorizing entities to release property upon receipt of affidavit; adding property required to be paid or delivered upon receipt of affidavit. Effective date.

Previously Filed As

OK SB54

Small estate administration; authorizing entities to release property upon receipt of affidavit; adding property required to be paid or delivered upon receipt of affidavit. Effective date.

OK SB212

Property; prohibiting certain ownership of land through business entity or trust; requiring affidavit with recording of deed. Effective date.

OK HB1888

Civil procedure; forcible entry and detainer; affidavit and summons; effective date.

OK SB1031

Schools; requiring public schools that administer certain survey to include certain affidavit. Effective date. Emergency.

OK SB376

Absentee voting; modifying procedures for marking and return of ballot for certain persons; clarifying signature requirement for certain affidavit. Effective date.

OK SB308

OCAST; requiring commitment to provide certain data from certain entities receiving funds. Effective date.

OK HB1950

Elections; voter registration of deceased persons; requiring death records from Social Security Administration; authorizing Secretary to obtain records from other states; effective date.

OK SB208

OCAST; requiring commitment to provide certain data from certain entities receiving funds; providing for exception. Effective date.

OK SB947

Teenage driver, work zone, and first responder safety; adding requirement for receiving certain license. Effective date.

OK HB2169

Counties and county officials; appraisers of real property; education accreditation; energy producing properties; effective date.

Similar Bills

AZ HB2116

Small estate; affidavit; limits

WV HB4329

To clarify the definition of an “interested person” for purposes of the West Virginia Small Estate Act

WV HB2867

Relating to Small Estates

OK SB54

Small estate administration; authorizing entities to release property upon receipt of affidavit; adding property required to be paid or delivered upon receipt of affidavit. Effective date.

OK SB1700

Small estate administration; adding property required to be paid or delivered upon receipt of certain affidavit. Effective date.

OK SB1460

Probate procedure; modifying requirements for proper venue for certain actions; clarifying requirements for joinder of certain proceedings. Effective date.

SD HB1115

Allow succession to real property by an affidavit.