Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.3. Reference to Property in Probate Decrees.

A decree of distribution in a probate case describing property, the record title to which does not appear in the decedent, should be considered an instrument subject to Standard 3.1.

Authority: 16 O.S. § 78(f).

History: Adopted as C, October 31, 1947,18 O.B.A.J. 1750-51 (1947), became 24 on renumbering, 19 O.B.A.J. 223, 228 (1948), at which time it was reworded with no apparent change in meaning.

In 1989, the Title Examination Standards Committee determined that the 1947 Standard 4.5 did not reflect the current state of the law. Particularly, it did not require the examiner to consider the effect of such later-enacted laws as the Marketable Record Title Act and was not consistent with Standard 3.1 as amended in 1988. The 1989 Report of the Title Examination Standards Committee proposed entirely new text for the standard, 60 O.B.J. 2502, 2515 (1989). The Real Property Section approved the amendment November 16 1989 and the House of Delegates adopted the amended Standard November 17, 1989, 60 O.B.J. 2941, 2952 (1989).

The 1992 Report of the Title Examination Standards Committee recommended that this standard be renumbered from 4.5 to 4.6. The standard was not otherwise changed, 63 O.B.J. 2903 (10/17/92). The Committee's proposal was approved by the Real Property Law Section on November 12, 1992, and adopted by the House of Delegates on November 13, 1992.