Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name
Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.
A: 15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows them not to have to review the proceedings which resulted in the decree or deed. Real Property can be sold out of the estate by following the appropriate procedure in the probate code, or it can be distributed by the court and then the persons taking through the final decree can do with the property as they wish. To get the title in your name, the probate needs to be finsihed.
A: In order for good title to be in your name, the probate will have to be completed and the final decree filed in the county clerk's office. 16 O.S. 62 is part of Oklahoma Simplification of Land Titles Act. That Act generally allows a title examiner to rely upon decrees or deeds after they have been filed of record for more than 10 years (with no intervening documents filed of record contravening them) without reviewing the full proceedings behind the deed or decree. It does not sound like this statute would help you. Whether you are paying bills or taxes has no affect on the title.
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