Okla. Stat. tit. 58, § 58-240
This is the official text of Okla. Stat. tit. 58, § 58-240, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Determination of heirs, devisees and legatees under
Official statutory text
certain circumstances - Hearing without notice.
A. If a petition is filed for the appointment of a personal
representative and the petitioner requests that the identity of the
heirs, devisees and legatees be determined at the initial hearing
and the notice of hearing such petition reflects such request, then
at the first hearing on a petition to admit a will to probate or a
petition for the appointment of a personal representative in an
intestate proceeding, the court may determine the identity of all
heirs, devisees and legatees, and any guardian or conservator of any
minor or incompetent heir, devisee or legatee.
B. If the petition filed for the appointment of a personal
representative or the notice of hearing such petition does not
contain or reflect a request that the identity of the heirs,
devisees and legatees be determined at the initial hearing, the
personal representative may, at any time during the course of
administration, file with the court a petition requesting that the
Oklahoma Statutes - Title 58. Probate Procedure Page 42
identity of the heirs, devisees and legatees be determined. Such
petition shall be heard following at least ten (10) days' prior
notice to the heirs, devisees and legatees.
C. If the petition requests the appointment of an administrator
and the court determines that the petition can be heard without
notice pursuant to the provisions of Section 128 of this title, and
the petition also contains a request that the identity of the heirs
of the intestate decedent be determined, the court may proceed to
appoint the administrator without notice and set such petition for
hearing, following at least ten (10) days' prior notice to the
heirs, with respect to the request that the identity of the heirs,
legatees and devisees be determined.
D. Any determination of heirs, legatees and devisees made
pursuant to this section shall be conclusive for the purpose of
acting upon any petition or application purporting to include
waivers or consents of all heirs, devisees and legatees, but shall
not establish the proportional interest of any person entitled to
receive any distribution of assets or property from the estate; nor
shall it prevent any person or entity from later establishing
identity or rights as an heir, devisee or legatee.
A. If a petition is filed for the appointment of a personal
representative and the petitioner requests that the identity of the
heirs, devisees and legatees be determined at the initial hearing
and the notice of hearing such petition reflects such request, then
at the first hearing on a petition to admit a will to probate or a
petition for the appointment of a personal representative in an
intestate proceeding, the court may determine the identity of all
heirs, devisees and legatees, and any guardian or conservator of any
minor or incompetent heir, devisee or legatee.
B. If the petition filed for the appointment of a personal
representative or the notice of hearing such petition does not
contain or reflect a request that the identity of the heirs,
devisees and legatees be determined at the initial hearing, the
personal representative may, at any time during the course of
administration, file with the court a petition requesting that the
Oklahoma Statutes - Title 58. Probate Procedure Page 42
identity of the heirs, devisees and legatees be determined. Such
petition shall be heard following at least ten (10) days' prior
notice to the heirs, devisees and legatees.
C. If the petition requests the appointment of an administrator
and the court determines that the petition can be heard without
notice pursuant to the provisions of Section 128 of this title, and
the petition also contains a request that the identity of the heirs
of the intestate decedent be determined, the court may proceed to
appoint the administrator without notice and set such petition for
hearing, following at least ten (10) days' prior notice to the
heirs, with respect to the request that the identity of the heirs,
legatees and devisees be determined.
D. Any determination of heirs, legatees and devisees made
pursuant to this section shall be conclusive for the purpose of
acting upon any petition or application purporting to include
waivers or consents of all heirs, devisees and legatees, but shall
not establish the proportional interest of any person entitled to
receive any distribution of assets or property from the estate; nor
shall it prevent any person or entity from later establishing
identity or rights as an heir, devisee or legatee.
Status: in_force · Read it on the official government site
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