Steven L Holcombe | Attorney at Law

IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA

In the Matter of the Estate of                  )

                                                                 )           Case No. PB-2023-158

JOYCE MARIE KEAHBONE, Deceased              )          

ORDER APPROVING FINAL ACCOINTING AND DECREE DISTRIBUTING
THE ESTATE AND DISCHARING PERSONAL REPRESENTATIVE 

          This matter comes on for hearing this 17th day of June, 2024, pursuant to a Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Ahnawei Heim, Personal Representative of the Decedent’s Estate, on the 24th day of May, 2024, 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 24th day of May, 2024, has been given in the manner, form and for the full time as required by law and the Order of this Court.

            2. That on the 4th day of December, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that the instrument signed on the 14th day of June, 2012 by Joyce Marie Keahbone was the Last Will of the Decedent, and the same was admitted to probate on the 4th day of December, 2023 as and for the Last Will and Testament of Joyce Marie Keahbone, 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 Joyce Marie Keahbone died on the 16th day of December, 2022, while a resident of San Diego, San Diego County, California. The Decedent was not a member of the Osage Nation but died leaving certain restricted Osage headright interests.

            4. That on the 4th day of December, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that Joyce Marie Keahbone, 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

Sean Christopher Winters / Surviving Son (Adult Osage) / [REDACTED]

Ahnawei Heim / Surviving Daughter (Adult Osage) / [REDACTED]

            5. That on the 4th day of December, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that the following persons are the only devisees and legatees of Joyce Marie Keahbone, deceased, to-wit:

NAME / RELATIONSHIP/AGE / ADDRESSES

Sean Christopher Winters / Surviving Son (Adult Osage) / [REDACTED]

Ahnawei Heim / Surviving Daughter (Adult Osage) / [REDACTED]

            6. That Rance Edward Winters is identified as a son of the Decedent, and a devisee and legatee in the Decedent’s Last Will, but he died prior to the death of the Decedent, and he died leaving no lineal heirs. Further, that Brent Leonard Winters and Todd Patrick Winters were also sons of the Decedent who are identified as already deceased in admitted Last Will, and they also died leaving no lineal heirs.

       7. That on the 4th day of December, 2023, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters Testamentary be issued to Ahnawei Heim, 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 AND APPRASEMENT was timely filed herein by the Personal Representative on the 29th day of January, 2024.

            9. That the Estate of Joyce Marie Keahbone, deceased, consists only of a restricted Osage Indian headright interest and cash on hand in an IIM account.

            10. That the Estate of Joyce Marie Keahbone, 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 Joyce Marie Keahbone 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 Joyce Marie Keahbone 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 Joyce Marie Keahbone, 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 Joyce Marie Keahbone is now ready for closing and distribution.

            14. That the Personal Representative has made no personal profit from any increase in the Estate of Joyce Marie Keahbone.

            15. That the Personal Representative waives the statutory fee.

            16. That pursuant to the laws of testate succession, and Article III (B) of the admitted Last Will, the Decedent’s Osage Headrights and related cash in the IIM account should be distributed as follows:

NAME / DISTRIBUTION

Sean Christopher Winters / All Interest

            17. That pursuant to the laws of testate succession, and Article III (C) of the admitted Last Will, all of the Decedent’s clothing, if any there be, should be distributed as follows:

NAME / DISTRIBUTION

 Ahnawei Heim / All Interest

            18. That pursuant to the laws of testate succession, and Article IV (A) of the admitted Last Will, all remaining interests of the Decedent’s estate, if any there be, should be distributed as follows:

NAME / DISTRIBUTION

 Sean Christopher Winters / 1/2 interest

Ahnawei Heim / 1/2 interest

            19. That as to the Estate of Joyce Marie Keahbone, deceased, the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 24th day of May, 2024, 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 24th day of May, 2024 has been given by Ahnawei Heim, 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 24th day of May, 2024, 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.

            IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the unpaid attorney’s fees in the amount of [REDACTED] are hereby approved and ordered paid to be paid out of the estate to Steven L. Holcombe, Attorney at Law, with a report back to the Court by the Personal Representative as to the satisfaction of all said fees and costs prior to discharge.

            DATED this 17th day of June, 2024.

____________________________________

The Honorable Stuart Tate

Judge of the District Court