§ 81.Payments Into Court For Infant Or Incompetent Person - Disposition

Chapter 2: General Provisions · Last amended November 1, 2024 · Last verified August 3, 2026

In one sentenceSection 81 lets a court order up to $1,500 held for a minor or incompetent person with no local guardian, and unclaimed by one within ninety days, paid to a suitable trustee, with bond, for the person's support, in installments or a lump sum.

Full Text of § 81

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Where any amount of money not exceeding One Thousand Five Hundred Dollars ($1,500.00) shall be deposited and paid into any court of record of this state by virtue of any judgment, order, settlement, distribution or decree for the use and benefit of, and to the credit of, any minor or incompetent person having no legal guardian of his estate within this state, and no person shall within ninety (90) days thereafter become the legal and qualified guardian of the estate of such minor or incompetent person, if it appears to the court that such money is needed for the support of such minor or incompetent person or that it is otherwise for the best interest of such minor or incompetent person, the court may, in its discretion, order payment of such funds to be made to any proper and suitable person as trustee for such minor or incompetent person, with bond, as the court may direct, to be expended for the support, use, and benefit of such minor or incompetent person. Such order may be made by the court in the original cause in which the funds are credited upon the application of any interested person; and the court may direct the clerk of the court to make payment of the same to be made in installments or in one lump sum as may seem for the best interests of such minor or incompetent person.

End

Amendment History

Amended by Laws 2024, c. 299, s. 1, eff. 11/1/2024. Laws 1931, SB 66, p. 2, § 1, emerg. eff. 2/26/1931; Amended by Laws 1951, HB 473, p. 24, § 1, emerg. eff. 5/4/1951.

Plain-English Summary

Section 81 covers small amounts held in court for a minor or incompetent person with no legal guardian of the estate in Oklahoma. When a judgment, order, settlement, distribution, or decree deposits up to $1,500 for that person's benefit, and no one becomes the qualified guardian of the estate within ninety days, the court can step in.

If the court finds the money is needed for the person's support, or that paying it out otherwise serves their best interest, it can order the funds paid to a suitable trustee — who must post bond as the court directs — to be spent on the person's support and benefit. Any interested party can apply for this order in the original case, and the court can direct the clerk to pay the money in installments or as a lump sum, whichever serves the person's best interest.

Frequently Asked Questions

What's the dollar limit for this simplified process?

It applies to deposits of up to $1,500 held for a minor or incompetent person's benefit.

What if no guardian is appointed for the minor or incompetent person?

If ninety days pass with no one becoming the qualified guardian of the estate, the court can order the funds paid to a trustee instead.

Does the trustee have to post a bond?

Yes, the court directs the trustee to post bond before receiving the funds.

Can the court pay the money out over time instead of all at once?

Yes, the court can direct the clerk to pay it in installments or in one lump sum, whichever serves the person's best interest.

Who can ask the court to make this order?

Any interested person can apply, in the original case where the funds were credited.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: money held in court for minor no guardian$1500 trustee payment incompetent person Oklahomacourt deposit for minor supportguardian of estate not appointed within 90 days