IN THE DISTRICT COURT OF OSAGE COUNTY, STATE OF OKLAHOMA

In the Matter of the Estate of )

) Case No. PB-2019-96

SHIRLEY ANNE HOLMES, Deceased )

ORDER APPROVING APPLICATION FOR WAIVER OF FINAL ACCOUNTING AND DECREE DISTRIBUTING THE ESTATE AND DISCHARGING PERSONAL REPRESENTATIVE

This matter comes on for hearing this 7th day of December, 2020, pursuant to a sworn-to Application for Waiver of Final Accounting, for Decree Distributing Estate, and for Discharge of Personal Representative filed with this Court by Phillip Masterson, Personal Representative of the Decedent’s Estate, on the 4th day of November, 2020, and the Court proceeded to examine the Personal Representative’s 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 Application for Waiver of Final Accounting, for Decree Distributing Estate, and for Discharge of Personal Representative filed herein on the 4th day of November, 2020 has been given in the manner, form and for the full time as required by law and the Order of this Court.

2. That Shirley Anne Holmes died on the 16th day of August, 2017, while a resident of Wichita, Sedgwick County, State of Kansas. The Decedent was a member of the Osage Tribe of Indians.

3. That by Order for Administration of Decedent’s Estate, Appointment of Personal Representative, and Determination of Heirs issued on the 21st day of October, 2019, the Probate Court ORDERED, ADJUDGED AND DECREED that Shirley Anne Holmes, deceased, was survived by the following persons who were determined to be the sole and only heirs-at-law of the said deceased:

NAME / RELATIONSHIP/AGE / RESIDENCE

Raymond Masterson / Surviving Son (Adult) / [REDACTED]

Phillip Masterson c/o Raymond Masterson / Surviving Son (Adult) / [REDACTED]

4. That the Estate of Shirley Anne Holmes, deceased, consists of the real and personal property more properly described as follows:

a) Headright Interest, [REDACTED]

b) IIM Account, $[REDACTED] as of September 10, 2019

5. That the Estate of Shirley Anne Holmes, deceased, is ready for closing and the Personal Representative affirmatively states the following to the Court, with accompanying requests of this Court, to-wit:

a) All income has been properly received and expenses lawfully made;

b) All allowed and approved claims have been paid;

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 Shirley Anne Holmes 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 Shirley Anne Holmes 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 Shirley Anne Holmes, that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied or, if presented, discharged under the authority of Title 58 O.S. Section 337 (F), 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 Shirley Anne Holmes is now ready for closing and distribution.

9. That the Personal Representative has made no personal profit from any increase in the Estate of Shirley Anne Holmes.

10. That the Personal Representative waives the statutory fee.

11. That pursuant to the Oklahoma laws of intestate succession, all of the distributive shares of the Estate of Shirley Anne Holmes should go solely to the two heirs at law, to-wit:

NAME / INTESTATE DISTRIBUTION

Raymond Masterson / 1/2 interest

Phillip Masterson c/o Raymond Masterson / 1/2 interest

12. That as to the Estate of Shirley Anne Holmes, deceased, the Application for Waiver of Final Accounting, for Decree Distributing Estate, and for Discharge of Personal Representative filed herein on the 4th day of November, 2020, should be 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 Application for Waiver of Final Accounting, for Decree Distributing Estate, and for Discharge of Personal Representative filed herein on the 4th day of November, 2020 has been given by Phillip Masterson, the Personal Representative in the manner, form and for the full time as required by law, pursuant to Title 58 O.S. Section 553, 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. Furthermore, that all claims of every kind and character, chargeable to the estate, if any, have been paid in full, satisfied or, if presented, discharged under the authority of Title 58 O.S. Section 337 (F).

It is Further Ordered, Adjudged, and Decreed by the Court that the petition initiating these proceedings is approved, that the final accounting has been properly waived by the sole heir-at-law, and that the final accounting is otherwise approved.

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 the heirs at law, as hereinbefore set forth, their proper distributive share. Notwithstanding, this Order Approving Application for Waiver of Final Accounting and Decree Distributing the Estate and Discharging Personal Representative may by itself be relied upon to pass title to 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 that 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 7th day of December, 2020.

The Honorable Stuart Tate

Judge of the District Court

Prepared By:

Steven L. Holcombe, OBA #4287

Attorney for Personal Representative Phillip Masterson