IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA
IN THE MATTER OF THE ESTATE OF )
) Case No. PB-2024-141
WILLIAM H. PAYNE, Deceased )
ORDER APPROVING FINAL ACCOUNTING AND DECREE DISTRIBUTING THE
ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE
THIS MATTER comes on for hearing this 2nd day of June, 2025, pursuant to a sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Toni Cluse-Payne, Personal Representative of the Decedent’s Estate, on the 8th day of May, 2025, 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 8th day of May, 2025, has been given in the manner, form and for the full time as required by law and the Order of this Court.
2. William H. Payne died intestate on or about the 24th day of August, 2018, at the age of 77, while a resident of Los Angeles, Los Angeles, California. The Decedent was a non-Osage who died leaving certain Osage headright interests. The Decedent died a single person. The names, ages, and last known addresses of the heirs of the Decedent at the time of his death were and are:
NAME / RELATIONSHIP/AGE / ADDRESSES
Toni Cluse-Payne / Surviving Spouse (Adult) / [REDACTED]
Keisha Elizabeth Payne / Surviving Daughter (Adult) / [REDACTED]
William Harris Payne, IV / Surviving Son (Adult) / [REDACTED]
3. That on the 13th day of January, 2025, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters of Administration be issued to Toni Cluse-Payne, 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 the Estate of William H. Payne, deceased, consists of property more properly described and set forth in the General Inventory and Appraisement filed herein on the 30th day of January, 2025.
5. That the Estate of William H. Payne, deceased, is ready for closing:
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.
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 William H. Payne 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 William H. Payne 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 William H. Payne, 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 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 William H. Payne is now ready for closing and distribution.
9. That the Personal Representative has made no personal profit from the Estate of William H. Payne.
10. That the Personal Representative herein waives the statutory fee.
11. That pursuant to the Oklahoma laws of intestate succession, the Decedent’s Osage Headrights and related cash in the IIM account should be distributed as follows:
NAME / DISTRIBUTION
Toni Cluse-Payne / [REDACTED]
Keisha Elizabeth Payne / [REDACTED]
William Harris Payne, IV / [REDACTED]
12. That the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 8th day of May, 2025, 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 8th day of May, 2025, has been given by Toni Cluse-Payne, 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 8th day of May, 2025, is approved without objection.
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 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 this Order Approving Final Accounting and Application for 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 Toni Cluse-Payne, in her individual capacity, has fronted and incurred reasonable costs in the principal sum of [REDACTED], and will incur projected administrative costs in the principal sum of [REDACTED], for the benefit of the Decedents’ Estates which are, or will be, justly due and payable under Oklahoma law as a cost of administration (i.e., for mailings, postage, publications, court filing fees, and other reasonable costs of administration), and those costs in the total amount of [REDACTED] are hereby APPROVED AND ORDERED to be paid out of the IIM account to Toni Cluse-Payne, [REDACTED].
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 IIM account 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 2nd day of June, 2025.
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