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-2024-67

PATRICIA ANN MOORER, Deceased                     )  

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

          This matter comes on for hearing this 2nd day of December, 2024, pursuant to a Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by William Donald Miller, Personal Representative of the Decedent’s Estate, on the 18th day of November, 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 18th day of November, 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 22nd day of July, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that the instrument signed on the 12th day of March, 2013 by Patricia Ann Moorer and purporting to be the Last Will and Testament of Patricia Ann Moorer, deceased, and filed with the Court on the 8th day of July, 2024, was the Self-proved Last Will of the Decedent, and the same was admitted to probate as and for the Last Will and Testament of Patricia Ann Moorer, deceased, and that the same was thereby established as the valid Last Will passing the entire estate of said deceased as therein provided.

         3. Patricia Ann Moorer departed this life on or about the 11th day of December, 2023, while a resident Parker, Collin County, Texas. On representation of Petitioners counsel, the Decedent was not a member of the Osage Nation, but died leaving certain restricted Osage headright interests.

    4. That on the 22nd day of July, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that Patricia Ann Moorer, was unmarried at her time of death, and there are no surviving children. The names, ages, relationships and residences of all heirs of the Decedent, are as follows:

NAME / RELATIONSHIP/AGE / ADDRESSES

William Donald Miller / Surviving Nephew (Adult) / [REDACTED]

Thomas Moorer Miller / Surviving Nephew (Adult) / [REDACTED]

    5. That on the 22nd day of July, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that the following persons are the devisees and legatees of Patricia Ann Moorer, deceased, to-wit:

NAME / RELATIONSHIP/AGE / ADDRESSES

William Donald Miller / Surviving Nephew (Adult) / [REDACTED]

William Donald Miller, Sole Successor Trustee / Patricia Ann Moorer Trust dated October 30, 1990 / [REDACTED]

David Thomas Miller / Great Nephew (Adult) / [REDACTED]

Abigail Browning Miller / Great Niece (Adult) / [REDACTED] 

    6. That on the 22nd day of July, 2024, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters Testamentary be issued to William Donald Miller as Personal Representative of said estate, to serve without bond, and the same were issued on the 22nd day of July, 2024 and filed with the Probate Court on that same date.

        7. That a GENERAL INVENTORY AND APPRAISEMENT was timely filed herein by the Personal Representative on the 13th day of September, 2024.

         8. That the Estate of Patricia Ann Moorer, deceased, consists of real and personal property more properly described and set forth in the General Inventory and Appraisement filed herein on the 13th day of September , 2024.

        9. That the Estate of Patricia Ann Moorer, 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 (if any) have been paid;

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

      10. 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 Patricia Ann Moorer 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.

        11. That due and lawful notice to the creditors of Patricia Ann Moorer 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 Patricia Ann Moorer, 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.

       12. 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 Patricia Ann Moorer is now ready for closing and distribution.

      13. That the Personal Representative has made no personal profit from any increase in the Estate of Patricia Ann Moorer.

      14. That the Personal Representative waives the statutory fee.

     15. That pursuant to the laws of testate succession, and Paragraph 2.1 at Page 2 of the admitted Last Will, the Decedent’s Osage Headrights and related cash in the IIM account should be distributed as follows:

NAME / DISTRIBUTION

William Donald Miller / [REDACTED]

David Thomas Miller / [REDACTED]

 Abigail Browning Miller / [REDACTED]

         16. That pursuant to the laws of testate succession, and Paragraph 2.2 at Page 3 of the admitted Last Will, all remaining interests of the Decedent’s estate of whatsoever nature and wheresoever situated, and of every character and description, real, personal or mixed, which I may own or have, if any there be, should be distributed as follows:

NAME / DISTRIBUTION 

William Donald Miller, Sole Successor Trustee / Patricia Ann Moorer Trust dated October 30, 1990 / [REDACTED]

         17. That as to the Estate of Patricia Ann Moorer, deceased, the Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed herein on the 18th day of November, 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 18th day of November, 2024 has been given by William Donald Miller, 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 November, 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 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.

         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 2nd day of December, 2024.

  IT IS ORDERED!

____________________________________

The Honorable Stuart Tate

Judge of the District Court

Prepared By:

Steven L. Holcombe, OBA #4287

Attorney for Petitioner

PO Box 1408                                                             

Pawhuska, OK 74056