IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA
In the Matter of the Estate of )
) Case No. PB-2022-51
CHARLENE V. POTTER, 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 sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Julie V. Craig, 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.
2. Charlene V. Potter died on the 21st day of September, 2021, while a resident of Baldwin City, Douglas County, Kansas. The Decedent was a member of the Osage Nation holding a headright interest which may only be administered or probated in the District Court of Osage County, Pawhuska, Oklahoma. The Decedent died an unmarried person. The names, ages, and last known addresses of the heirs of the Decedent at the time of her death were and are:
NAME / RELATIONSHIP/AGE / ADDRESSES
Christine V. Potter / Surviving Daughter (Adult) / [REDACTED]
Julie V. Craig / Surviving Daughter (Adult) / [REDACTED]
Charlene V. Potter / Surviving Daughter (Adult) / [REDACTED]
3. That on the 25th day of April, 2022, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters of Administration be issued to Julie V. Craig, 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 9th day of May, 2022, and an AMENDED GENERAL INVENTORY AND APPRAISEMENT was filed herein on the 27th day of May, 2022 due to a scrivener’s error in the first filing as to the date of issuance of Letters of Administration herein.
5. That the Estate of Charlene V. Potter, 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 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 Charlene V. Potter 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 Charlene V. Potter 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 Charlene V. Potter, 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 Charlene V. Potter, 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;
d. 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 Charlene V. Potter is now ready for closing and distribution.
10. That the Personal Representative has made no personal profit from the Estate of Charlene V. Potter.
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 in equal shares as follows:
NAME / INTESTATE DISTRIBUTION
Christine R. Potter / 1/3 interest
Julie V. Craig / 1/3 interest
Charlene V. Hannon / 1/3 interest
13. That the Final Accounting and Application for 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 Distributing the Estate and Discharging Personal Representative filed herein on the 12th day of September, 2022 has been given by Julie V. Craig, 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 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 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.
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
Judge of the District Court
Prepared By:
Steven L. Holcombe, OBA #4287
Attorney for Personal Representative Julie V. Craig