A. In addition to other provisions of law, if, upon the filing of the commissioners' report, it appears that the property cannot be partitioned in kind and the value of the property does not exceed Five Thousand Dollars ($5,000.00), the court may forthwith dispense with further regular partition proceedings and make an order directing the sheriff of the county to sell the property, in the same manner, as in sales of real estate on execution at not less than two-thirds (2/3) of the appraised value.
§ 1517.Sale of Property that Cannot Be Partitioned - Procedure
Chapter 28: Partition · Last amended November 1, 1986 · Last verified August 3, 2026
In one sentenceProvides a streamlined sale for partition property worth $5,000 or less that can't be divided in kind, letting the court skip further proceedings and order a sheriff's sale at no less than two-thirds of appraised value, subject to mailed notice, a pre-sale value challenge, and a confirmation hearing.
Full Text of § 1517
B. In addition to the notice required for sales of real estate on execution, notice of the sale shall be mailed with return receipt requested at least twenty (20) days prior to the sale, to all persons owning an interest in the property or to their attorneys at their respective last-known address.
C. If it can be established to the satisfaction of the court, prior to the sale, that such property is of a value in excess of Five Thousand Dollars ($5,000.00), such sale shall not be held and the court shall appoint other commissioners to reappraise the property or refer the matter to the same commissioners.
D. Confirmation of such sale shall be set for hearing not less than ten (10) days after the day of sale. A written notice of hearing on the confirmation of the sale shall be mailed, by first-class mail, postage prepaid, to all persons having an interest in the property as previously determined by the court whose names and addresses are known, at least ten (10) days before the hearing on the confirmation of the sale, and if the name or address of any such person is unknown, such notice shall also be published in a newspaper authorized by law to publish legal notices in each county in which the property is situated. If no newspaper authorized by law to publish legal notices is published in such county, the notice shall be published in some such newspaper of general circulation which is published in an adjoining county. The notice shall state the name of the person or persons being notified by publication and shall be published once at least ten (10) days prior to the date of the hearing on the notice of confirmation of the sale. An affidavit of proof of mailing and of publication, if publication is required, shall be filed in the case.
E. Upon such hearing, if satisfied with the validity and fairness of the sale, the court shall order the sheriff to issue a sheriff's deed to the purchaser of the property and, after apportionment of costs, attorney fees and expenses, direct disbursement of the sale proceeds to those persons legally entitled to receive the same.
Amendment History
Laws 1980, HB 1849, c. 60, § 1, eff. 10/1/1980; Amended by Laws 1986, HB 1838, c. 227, § 5, eff. 11/1/1986.
Plain-English Summary
Section 1517 gives small partition cases a shortcut. If the commissioners' report shows the property can't be divided in kind and its value doesn't exceed five thousand dollars, the court can skip the rest of the ordinary partition process and order the sheriff to sell it -- the same way real estate is sold on execution -- for no less than two-thirds of the appraised value.
Before the sale happens, everyone with an interest in the property gets notice by mail, return receipt requested, at least twenty days ahead of time, sent to their (or their attorney's) last-known address. If it's shown to the court's satisfaction, before the sale, that the property is worth more than five thousand dollars, the sale doesn't go forward; instead the court appoints new commissioners to reappraise the property, or sends the reappraisal back to the same ones.
After the sale, the court holds a confirmation hearing at least ten days later. Everyone with a known interest gets written notice of that hearing by first-class mail at least ten days beforehand; if someone's name or address isn't known, notice also runs in a newspaper. At the hearing, if the court is satisfied the sale was valid and fair, it orders the sheriff to deed the property to the buyer and, after apportioning costs, fees, and expenses, directs how the proceeds get paid out to those entitled to them.
Frequently Asked Questions
What's the dollar threshold for this streamlined partition sale?
Five thousand dollars. The court can use this shortcut only if the property's value doesn't exceed that amount.
What if someone thinks the property is worth more than $5,000?
If that's established to the court's satisfaction before the sale, the sale doesn't happen -- the court instead appoints commissioners to reappraise the property or refers the reappraisal to the same commissioners.
What notice do interested parties get before this kind of sale?
Notice mailed with return receipt requested at least twenty days before the sale, sent to each interested person or their attorney at their last-known address.
What happens at the confirmation hearing?
If the court is satisfied with the validity and fairness of the sale, it orders the sheriff to issue a deed to the buyer and directs how the sale proceeds get distributed after costs, fees, and expenses are apportioned.
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 small partition sale under $500012 O.S. § 1517confirmation hearing partition sale oklahomastreamlined partition sale procedure