In Oklahoma, a guardian of an adult ward (a person under guardianship) cannot unilaterally sell the ward’s real property. The sale must be authorized and confirmed by the court that established the guardianship. This question comes up mainly in the context of selling the ward’s house. The rules governing such sales are set out in Title 30 of the Oklahoma Statutes, particularly 30 O.S. §§ 4-801 through 4-812, and are modeled closely on the procedures for probate sales under Title 58.

Here’s a detailed breakdown:

District Court Approval Is Required Before the Sale

Under 30 O.S. § 4-801, a guardian must file a petition for authority to sell real property. The petition must:

• Describe the property to be sold. This includes the legal description of the property as set out on the Deed
• State the reasons why the sale is necessary or beneficial. There can be any number of reasons a Guardian of an Adult Ward might need to sell the property (e.g., to pay debts, medical expenses, or for the ward’s maintenance), and
• Propose the manner and terms of the sale. If you have a sales agreement with a realtor or other broker, or whatever reasonable purpose the ward might have.

The court will then set a hearing on the petition and provide notice to interested parties, including the ward (if possible) and next of kin.

Common Grounds for Sale of The Wards Property

The court may authorize the sale when it finds that doing so is in the best interest of the ward. Common reasons include:

• Paying for the ward’s medical care or living expenses,
• Liquidating assets that are burdensome or unproductive,
• Paying debts or taxes, or
• Managing the estate more efficiently.

Appraisal Of Property and Confirmation Of Sale

Before the sale can be completed:

• The property usually must be appraised to ensure fair market value.
• The court may order either a public auction or private sale.
• After the sale, the guardian must file a return of sale, and the court must confirm the sale before the deed can be issued and title transferred. (See 30 O.S. § 4-812).

Protection of The Ward’s Interests

The court’s oversight ensures that:

• The property isn’t sold for less than fair value,
• The proceeds are properly deposited and accounted for in the guardianship estate, and
• The funds are used only for the ward’s benefit.

If the guardian sells or attempts to sell property without court approval, the sale is voidable and can expose the guardian to personal liability and possible removal under 30 O.S. § 4-804.

Contact a Tulsa County Adult Guardianship Attorney

The Guardian of an Adult Ward can sell property owned by a ward, but there are many controls in place. The controls are meant to protect the ward as well as the guardian in the case. To get a free consultation with an adult guardianship attorney at The Tulsa County Lawyers Group, call 918-379-4864. Or you can ask a free online legal question by following this link.