IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA
In the Matter of the Estate of )
) Case No. PB-2022-72
WARREN FREDERICK COLLINS, Deceased )
ORDER APPROVING FINAL ACCOUNTING AND DECREE DISTRIBUTING THE ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE
This matter comes on for hearing this 3rd day of October, 2022, pursuant to a Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Sarah Lemmons, Personal Representative of the Decedent’s Estate, on the 12th day of September, 2022, and the Court proceeded to examine the Personal Representative’s Final Accounting and Application, and after inquiry of the attorney for the Personal Representative, examination of the pleadings on file herein, and there being no objections, the Court finds, adjudges and decrees:
1. That due and legal notice of the time and place of this hearing on the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 12th day of September, 2022, has been given in the manner, form and for the full time as required by law and the Order of this Court and in compliance with the Order for Hearing Petition for Probate of Will, Appointment of Personal Representative, and Determination of Heirs, Devisees and Legatees of this Court which was also filed herein on the 9th day of May, 2022. The Court approves notice by publication of hearing as to Fredrick Fletcher Dunlap.
2. That by Order Admitting Will to Probate, Appointing Personal Representative, and Determining Heirs, Devisees and Legatees issued on the 31st day of May, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that the instrument signed on the 29th day of August, 2018 by Warren Fredrick Collins was the Last Will of the Decedent, and the same was admitted to probate on the 31st day of May, 2022 as and for the Last Will and Testament of Warren Fredrick Collins, deceased, and that the same was thereby established as the valid Last Will passing the entire estate of said deceased as therein provided.
3. That Warren Fredrick Collins died on the 2nd day of October, 2019, while a resident of Drumright, Creek County, Oklahoma. The Decedent was a member of the Osage Nation The Decedent died leaving certain headright interests.
4. That the admitted Last Will was approved by the Secretary of the Interior of the United States of America by and through the Superintendent of the Osage Agency of the Bureau of Indian Affairs, and said approval is attached to the Petition filed herein on the 9th day of May, 2022.
5. That by Order Admitting Will to Probate, Appointing Personal Representative, and Determining Heirs, Devisees and Legatees issued on the 31st day of May, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that Warren Fredrick Collins, deceased, was survived by the following persons who were determined to be the only heirs at law of the said deceased:
NAME / RELATIONSHIP/AGE / ADDRESSES
Sarah Lemmons / Surviving Daughter (Adult) / [REDACTED]
Fredrick Fletcher Dunlap / Surviving Son (Adult) / [REDACTED]
6. That by Order Admitting Will to Probate, Appointing Personal Representative, and Determining Heirs, Devisees and Legatees issued on the 31st day of May, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that the following persons were the sole and only devisees and legatees of Warren Fredrick Collins, deceased, to-wit:
NAME / RELATIONSHIP/AGE / ADDRESSES
Sarah Lemmons / Surviving Daughter (Adult) / [REDACTED]
Fredrick Fletcher Dunlap / Surviving Son (Adult) / [REDACTED]
7. That on the 31st day of May, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters Testamentary be issued to Sarah Lemmons, as Personal Representative of said estate, to serve without bond, and the same were issued and filed with the Probate Court on the same date.
8. That a GENERAL INVENTORY was timely filed herein by the Personal Representative on the 15th day of June, 2022.
9. That the Estate of Warren Fredrick Collins, deceased, consists only of the following described restricted Osage Indian fractional headright interest and cash on hand:
a) Headright Interest, [REDACTED]
b) Cash on hand in IIM Account
10. That the Estate of Warren Fredrick Collins, deceased, is ready for closing and the Personal Representative affirmatively states the following to the Court, with accompanying requests made to this Court, to-wit:
a. All income has been properly received and expenses lawfully made,
b. All allowed and approved claims have been paid, or claims have been privately paid without the use of estate funds and there are no creditor’s claims outstanding;
c. All funeral expenses, taxes and costs of the administrator have been paid;
d. That all remaining interests of the Estate should be to all distributees according to the laws of testate succession.
11. That an Oklahoma estate tax return was not filed with the Oklahoma Tax Commission because the Decedent died on or after January 1, 2010. The Estate of Warren Fredrick Collins was of insufficient size to require the filing of a Federal Estate Tax Return. All other federal, state, county, school and municipal taxes, including income taxes, have been paid, if owed, or are otherwise provided for.
12. That due and lawful notice to the creditors of Warren Fredrick Collins has been given for the time and in the manner provided by law; that prior to giving the required notice, the Personal Representative made a diligent search and inquiry of the heirs-at-law and other interested parties in an effort to determine the identity and nature of any claim against the Estate of Warren Fredrick Collins, that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied and discharged; and that all other expenses and claims that were not presented are now barred by the statute of limitation in effect under the laws of the State of Oklahoma.
13. That all purposes of administration have been fully and faithfully fulfilled; that the Personal Representative has performed all acts and duties lawfully required, and the Estate of Warren Fredrick Collins is now ready for closing and distribution.
14. That the Personal Representative has made no personal profit from any increase in the Estate of Warren Fredrick Collins.
15. That the Personal Representative waives the statutory fee.
16. That pursuant to the Oklahoma laws of testate succession, and according to the admitted Last Will of Warren Fredrick Collins, deceased, the Court adjudges distribution of the Decedent’s Estate as follows:
NAME / TESTATE DISTRIBUTION
Sarah Lemmons / 100% interest
Fredrick Fletcher Dunlap / $1.00
17. That as to the Estate of Warren Fredrick Collins, deceased, the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 12th day of September, 2022, is duly approved and sustained.
WHEREFORE, PREMISES CONSIDERED, It is therefore Ordered, Adjudged and Decreed by the Court that due and legal notice of the time and place of this hearing on the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 12th day of September, 2022 has been given by Sarah Lemmons, the Personal Representative in the manner, form and for the full time as required by law and the Order of this Court, and the Court so finds, adjudges and decrees.
It is Further Ordered, Adjudged and Decreed by the Court that notice to creditors as required by law was given by the Personal Representative, and that all claims which were not lawfully submitted within the time permitted for the presentation of claims are hereby nonsuited, void and forever barred.
It is Further Ordered, Adjudged, and Decreed by the Court that the Final Accounting filed on the 12th day of September, 2022, is approved without objection.
It is Further Ordered, Adjudged, and Decreed by the Court that the Personal Representative should be and is hereby required and directed to distribute and deliver to all distributees, as hereinbefore set forth, their proper distributive share.
It is Further Ordered, Adjudged, and Decreed by the Court that this Order Approving Final Accounting and Decree Distributing the Estate and Discharging Personal Representative may by itself be relied upon to pass title to, and vest interests in, all such distributed interests. Furthermore, this Order may be relied upon to distribute title to, and vest interests in, the rest, residue and remainder of the Decedent’s assets, including all subsequently discovered assets.
It is Further Ordered, Adjudged, and Decreed that the Personal Representative should be entitled to receive her discharge without further hearing or notice upon filing final report to the court verifying that the entire estate has been distributed, and all other duties of her administration have been completed, and upon the filing of said final report she shall be automatically discharged and have no further duties or obligations with regard to the Decedent’s estate in all respects.
THE COURT FURTHER FINDS, upon representations of the Counsel for the Personal Representative, that the attorney’s fees, costs and expenses incurred on behalf of the Estate are being, or have been, paid from sources outside of the Estate and therefore the distributions of the estate will be made without any attorney’s lien attached thereto, and it is ADJUDGED that all distributions of the Estate from this order will be free of any lien claims that might otherwise derive from such fees, costs and expenses.
DATED this 3rd day of October, 2022.
The Honorable Stuart Tate
The Honorable Stuart Tate
Judge of the District Court
Prepared By:
Steven L. Holcombe, OBA #4287
Attorney for Personal Representative Sarah Lemmons