Title Examination Standards
Chapter 1, App.
Chapter 35. Miscellaneous
§35.4. Foreign State Court Proceedings or Actions.

1. A. The estate of a non-resident decedent which contains real property must be probated or administered by (i) by ancillary proceedings, pursuant to 58 O.S. § 51 et seq., 58 O.S. § 245 et seq., 58 O.S. § 677, Brooks v. Yarbrough, 37 F. 2d 527 or (ii) by proceeding to determine death and succession or heirship 84 O.S. § 251 et seq.
2. B. The estate of a non-resident ward which contains real property must be properly domesticated in Oklahoma and proper proceedings instituted thereon. 30 O.S. § 3-317.
3. C. An award of Oklahoma real property in a foreign divorce or other civil action must be properly domesticated in Oklahoma and proper proceedings instituted thereon. 12 O.S. § 719 et seq. Sharp v. Sharp, 1916 OK 736, 65 Okla. 76, 166 P. 175 and West v. West, 1954 OK 84, 268 P.2d 250. and. After establishing personal jurisdiction over a party, a foreign state court may compel that party to act with respect to Oklahoma lands by way of that court’s contempt power.

A foreign state court order or decree or a person acting pursuant to the authority of a foreign state court order or decree cannot operate directly to establish title or convey Oklahoma lands. The party seeking to establish or convey title must initiate a proper Oklahoma proceeding or action.

Comment: Common situations which arise in the course of examination include:

The 2013 Report of the Title Examination Standards Committee recommended adding this Standard 35.4 to set out the effect of a foreign state court’s order on Oklahoma real property. The Real Property Section approved the new standard on November 14, 2013 and the House of Delegates adopted it on November 15, 2013.