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-2021-22

MARY LOUISE POWELL, Deceased   )

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

This matter comes on for hearing this 12th day of October, 2021, pursuant to a sworn-to Final Accounting and Application for Decree Distributing the Estate and Discharging Personal Representative filed with this Court by Erin M. Powell, Personal Representative of the Decedent’s Estate, on the 13th day of September, 2021, 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 21st day of January, 2021 has been given in the manner, form and for the full time as required by law and the Order of this Court.

         2. Mary Louise Powell died intestate on the 27th day of October, 2020, while a resident of Terlton, Pawnee County, Oklahoma. The Decedent was a member of the Osage Nation. 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 / RESIDENCE

Erin M. Powell / Surviving Daughter (Adult) / [REDACTED]

Francis Scott Simpson / Surviving Son (Adult) / [REDACTED]

Alan Austin Powell / Surviving Son (Adult) / [REDACTED]

Aubrey Nicole Powell / Surviving Granddaughter (Adult) / [REDACTED]

      3. That on the 15th day of March, 2021, the Probate Court ORDERED, ADJUDGED AND DECREED that Letters of Administration be issued to Erin M. Powell, 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 APPRAISAL was filed herein on the 17th day of March, 2021.

5. That the Estate of Mary Louise Powell, deceased, consists of property more properly described as follows:

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 Mary Louise Powell 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 Mary Louise Powell 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 Mary Louise Powell, 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 Mary Louise Powell, 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 Mary Louise Powell is now ready for closing and distribution.

            10. That the Personal Representative has made no personal profit from the Estate of Mary Louise Powell.

            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

Erin M. Powell / 1/4 interest

Francis Scott Simpson / 1/4 interest

Alan Austin Powell / 1/4 interest

Aubrey Nicole Powell / 1/4 interest

          13. That the Final Accounting and Application for Distributing the Estate and Discharging Personal Representative filed herein on the 13th day of September, 2021 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 13th day of September, 2021 has been given by Erin M. Powell, 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 13th day of September, 2021, 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.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the attorney’s fees in the amount of [REDACTED] dollars 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 12th day of October, 2021.

                                                                       THE HONORABLE STUART TATE

Judge of the District Court