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Court orders closure of long-pending Stephen Brown estate after Oklahoma ancillary probate resolved
Summary
A county judge authorized closing a probate estate opened in 1996 after attorneys and an Oklahoma representative presented documents showing an ancillary probate in Pittsburgh County, Oklahoma, had been concluded; the judge instructed filing of the Oklahoma closing order and the interim accounting for the Tennessee court file.
A county court authorized closing the probate estate of Stephen Brown after hearing that an ancillary probate proceeding in Oklahoma has been resolved and that funds remaining in the Tennessee estate are accounted for.
The case had remained on the court’s show-cause docket because of an ancillary probate in Oklahoma connected to oil and gas leases; the local court required documentary proof of the Oklahoma closure before dismissing the Tennessee probate.
What happened in court: Christy McClendon, who identified herself as the personal representative in the Oklahoma probate, told the court that the Oklahoma probate had been concluded and that she had submitted a final accounting there. Local counsel, Mr. Parsley, said he had obtained an order from the clerk of Pittsburgh County confirming closure and filed a copy dated June 27, 2012. Parsley asked the court to accept the order as an exhibit and to also file an interim accounting provided by Anthony Brown, an heir who appeared by Zoom.
The judge’s direction: The judge instructed that the Oklahoma closing order be filed as an exhibit in the Tennessee file and accepted the interim accounting produced at the hearing. The judge explained that if the Oklahoma probate was the only matter keeping the Tennessee case open, the Tennessee probate could be closed. The judge also noted outstanding minor matters, including the widow’s unpaid statutory year’s support and reimbursement for funeral expenses, and directed claims for fees and reimbursements to be filed by affidavit in the Tennessee court record.
Background and significance: The local docket showed the Tennessee probate was opened in 1996 and had lingered for decades while ancillary matters involving oil and gas leases were resolved in other states. Counsel reported sheriff’s sale auctions and earlier orders authorizing sale of leases and disbursement of proceeds. Mr. Parsley told the court he found a 2010 order authorizing sale of numerous oil and gas leases and a 2012 order closing the ancillary probate in Oklahoma; he supplied those documents as assistance to the court in resolving the Tennessee matter.
Next steps: The judge authorized filing of the Oklahoma order and the interim accounting and directed counsel to submit any fee applications or remaining claims for review; once the paperwork is in the local file the court said it would close the Tennessee probate.
Speakers and representation: Participants included the heir Anthony Brown (joined by Zoom), Christy McClendon (Oklahoma representative), local counsel Mr. Parsley (representing the widow), and the presiding judge. The judge told Anthony Brown that any filings he placed in Oklahoma must be resolved in the Oklahoma court and that the Tennessee court’s role was limited to records before it.
