A. The commissioners shall make partition of the property among the parties according to their respective interests, if such partition can be made without manifest injury. But if such partition cannot be made, the commissioners shall make a valuation and appraisement of the property. They shall make a report of their proceedings to the court, forthwith. For the purpose of this section the term "party" shall mean one who has been adjudged to own an undivided interest in the property involved in the action.
§ 1509.Duty of Commissioners - Report - Notice of Time Limit For Filing Exception Or Election
Chapter 28: Partition · Last amended November 1, 1995 · Last verified August 3, 2026
In one sentenceDirects commissioners to divide the property if that can be done without manifest injury, or otherwise to appraise it, and requires the plaintiff's attorney to notify every party by certified mail of the twenty-day deadline to file an exception or elect to take the property at the appraisement.
Full Text of § 1509
B. Within ten (10) days after the report of commissioners is filed with the court clerk, the attorney for the plaintiff shall forward by certified mail to the attorney of record for every other party in the case and to each party not represented by an attorney, a copy of the commissioners' report and a notice stating that the time limit for filing an exception or an election to take the property at the appraisement, if partition cannot be made, is not later than twenty (20) days from the date the report was filed. Before the expiration of the said twenty (20) days, the court may fix a different and longer period for the filing of an election. The mailing of notice as required herein shall be certified by affidavit to be filed, attached to the original notice. If a party has been served by publication, the notice of said time limit shall be published in one issue of a newspaper qualified to publish legal notices, at least ten (10) days prior to the expiration of the date to file exception or election.
C. The time limit for filing an exception or an election to take property at appraisement, as prescribed in subsection B of this section, shall be calculated from the date the report of the commissioners is filed in the case. On failure of the attorney for plaintiff to give notice within the time prescribed in subsection B of this section, the court, on application of any party, may extend the time for filing an exception or an election for the period not to exceed twenty (20) days from the date the application is heard.
Amendment History
R.L. 1910, § 4948; Amended by Laws 1974, SB 722, c. 166, §1, eff. 10/1/1974; Amended by Laws 1975, SB 106, c. 75, §1, eff. 10/1/1975; Amended by Laws 1979, HB 1462, c. 68, §1, eff. 10/1/1979; Amended by Laws 1995, HB 1664, c. 232, §1, eff. 11/1/1995.
Plain-English Summary
Section 1509 tells the commissioners what to do once they're sworn in. If they can divide the property among the parties according to their interests without manifest injury, they do that; if not, they value and appraise it instead. Either way, they report their proceedings to the court right away. For this purpose, a "party" means someone the court has adjudged to own an undivided interest in the property.
Once that report is filed, the clock starts running. Within ten days, the plaintiff's attorney must send every other party -- or their attorney of record -- a copy of the report by certified mail, along with notice that they have until twenty days from the filing date to file an exception or elect to take the property at the appraisement (the court can set a longer period before that twenty days runs out). The attorney must certify the mailing by affidavit, and if a party was served by publication, the notice of the deadline also has to be published in a newspaper at least ten days before the deadline expires.
The twenty-day clock runs from the date the report was filed, not from when notice went out. If the plaintiff's attorney misses the deadline for sending notice, the court can extend the filing period, on any party's application, for up to twenty days from the date the application is heard.
Frequently Asked Questions
What do the commissioners do if the property can't be divided without injury?
They value and appraise it instead of physically dividing it, then report their findings to the court.
How much time do the parties get to object to the commissioners' report?
Twenty days from the date the report is filed, unless the court sets a longer period before that time runs out.
Who has to send notice of the deadline, and how?
The plaintiff's attorney, within ten days after the report is filed, by certified mail to every other party's attorney or, if unrepresented, to the party directly.
What happens if the plaintiff's attorney misses the notice deadline?
Any party can apply to the court for an extension, and the court can extend the filing period for up to twenty days from the date it hears the application.
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: oklahoma partition commissioners report deadline12 O.S. § 1509election to take property at appraisement oklahomaexception to partition report time limit