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-2023-70

BRET HURLEY LEWIS, Deceased          )          

ORDER APPROVING FINAL ACCOUNTING AND DECREE DISTRIBUTING THE ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE

          This matter comes on for hearing this 10th day of October, 2023, pursuant to a sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Mark Stephen Lewis, Personal Representative of the Decedent’s Estate, on the 18th day of September, 2023, 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 18th day of September, 2023 has been given in the manner, form and for the full time as required by law and the Order of this Court.

          2. Bret Hurley Lewis died on the 28th day of August, 2022, while a resident of Culver City, Los Angeles County, California. The Decedent died leaving certain Osage headright interests. The Decedent was an unmarried person. The name, age, and last known address of the sole heir of the Decedent at the time of his death is:

NAME / RELATIONSHIP/AGE / ADDRESSES

Mark Stephen Lewis / Surviving Brother (Adult) / [REDACTED]

          3. That on the 20th day of June, 2023 the Probate Court ORDERED, ADJUDGED AND DECREED that the administration of the Decedent’s estate should proceed under the laws of intestate succession, and that Letters of Administration be issued to Mark Stephen Lewis, 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.

          4. That a GENERAL INVENTORY AND APPRAISEMENT was filed herein on the 7th day of July, 2023.

5. That the Estate of Bret Hurley Lewis, deceased, consists only of an Osage Headright interest and related cash on hand in an IIM account.

        6. 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 Bret Hurley Lewis 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.

         7. That due and lawful notice to the creditors of Bret Hurley Lewis 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 Bret Hurley Lewis, that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied and discharged from private funds (and not from estate funds); 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.

          8. That the Estate of Bret Hurley Lewis, deceased, is ready for closing:

a. All income has been properly received and expenses lawfully made,

b. The allowed and approved claims, if any, have been paid;

c. No objection has been made to this Application,;

d. All funeral expenses, taxes and costs of the administrator have been paid;

e. That all remaining interests of the Estate should be to all distributees according to the laws of intestate succession.

             9. 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 Bret Hurley Lewis is now ready for closing and distribution.

            10. That the Personal Representative has made no personal profit from the Estate of Bret Hurley Lewis.

            11. That the Personal Representative herein waives the statutory fee.

            12. That pursuant to the Oklahoma laws of intestate succession, the Decedent’s Estate should be distributed as follows:

NAME / INTESTATE DISTRIBUTION

Mark Stephen Lewis / 100% interest

          13. That the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 18th day of September, 2023 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 Distributing the Estate and Discharging Personal Representative filed herein on the 18th day of September, 2023 has been given by Mark Stephen Lewis, 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 18th day of September, 2023, is approved without objection.

        It is Further Ordered, Adjudged, and Decreed that the Personal Representative should be entitled to receive his 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 his administration have been completed, and upon the filing of said final report he 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 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 that the attorney’s fees in the amount of [REDACTED] are hereby approved and ordered paid to be paid 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 10th day of October, 2023.

                                                                                    ____________________________________

THE HONORABLE STUART TATE

Judge of the District Court