Okla. Stat. tit. 58, § 58-245
This is the official text of Okla. Stat. tit. 58, § 58-245, 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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Petition for summary administration - Conditions -
Official statutory text
Requirements.
A. A petition for summary administration may be filed by any
person interested in an estate that meets one of the following
conditions:
1. The value of the estate is less than or equal to Two Hundred
Thousand Dollars ($200,000.00);
2. The decedent has been deceased for more than five (5) years;
or
3. The decedent resided in another jurisdiction at the time of
death.
B. The petition shall set forth the following:
1. A statement of the interest of the petitioner;
2. The name, age and date of death of the decedent, and the
county and state of the decedent's domicile at the time of death;
3. If the decedent died testate, the original or certified copy
of the will of the decedent shall be attached to the petition,
together with a statement that:
a. the petitioner, to the best of the knowledge of the
petitioner, believes the will to have been validly
executed, and
b. after the exercise of due diligence, the petitioner is
unaware of any instrument revoking the will, and that
the petitioner believes that the instrument attached
to the application is the decedent's last will;
4. Whether the will attached to the petition has been admitted
to probate in any other jurisdiction;
5. If the decedent died intestate, the petitioner shall state
that the petitioner has diligently searched for and failed to find a
will;
6. The names, ages and last-known addresses of the
administrators, executors, nonpetitioning conominees, heirs,
legatees and devisees of the decedent, so far as known to the
petitioner;
7. The names and last-known addresses of all known creditors of
the decedent. The petitioner shall state that the petitioner has
exercised due diligence in determining the identities, last-known
addresses and claims of the decedent's creditors;
8. The probable value and character of the property of the
estate and the legal description of all real property owned by the
decedent in Oklahoma;
Oklahoma Statutes - Title 58. Probate Procedure Page 45
9. Whether an application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction;
10. A statement of the relief requested, which may include a
prayer for the court to admit the will, if any, to probate, to
appoint the person requested in the petition as personal
representative, to determine the heirs, devisees and legatees of the
decedent, to approve the final account, to distribute the property
of the estate and to discharge the personal representative; and
11. A waiver of the final accounting pursuant to Section 541 of
this title, if applicable.
C. The petition shall be verified by the petitioner or signed
by the attorney for the petitioner.
D. The court, without a hearing, shall issue letters of special
administration to the person requested in the petition if the
petition is in proper form and:
1. The proposed personal representative is named as personal
representative in the will;
2. The proposed personal representative has prior right to
appointment; or
3. The petition is accompanied by a waiver of all persons
entitled to letters testamentary and all persons with a prior right
of appointment.
The special administrator shall have the powers set forth in
subsection A of Section 215 of this title. The court, in its
discretion, may require a bond.
A. A petition for summary administration may be filed by any
person interested in an estate that meets one of the following
conditions:
1. The value of the estate is less than or equal to Two Hundred
Thousand Dollars ($200,000.00);
2. The decedent has been deceased for more than five (5) years;
or
3. The decedent resided in another jurisdiction at the time of
death.
B. The petition shall set forth the following:
1. A statement of the interest of the petitioner;
2. The name, age and date of death of the decedent, and the
county and state of the decedent's domicile at the time of death;
3. If the decedent died testate, the original or certified copy
of the will of the decedent shall be attached to the petition,
together with a statement that:
a. the petitioner, to the best of the knowledge of the
petitioner, believes the will to have been validly
executed, and
b. after the exercise of due diligence, the petitioner is
unaware of any instrument revoking the will, and that
the petitioner believes that the instrument attached
to the application is the decedent's last will;
4. Whether the will attached to the petition has been admitted
to probate in any other jurisdiction;
5. If the decedent died intestate, the petitioner shall state
that the petitioner has diligently searched for and failed to find a
will;
6. The names, ages and last-known addresses of the
administrators, executors, nonpetitioning conominees, heirs,
legatees and devisees of the decedent, so far as known to the
petitioner;
7. The names and last-known addresses of all known creditors of
the decedent. The petitioner shall state that the petitioner has
exercised due diligence in determining the identities, last-known
addresses and claims of the decedent's creditors;
8. The probable value and character of the property of the
estate and the legal description of all real property owned by the
decedent in Oklahoma;
Oklahoma Statutes - Title 58. Probate Procedure Page 45
9. Whether an application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction;
10. A statement of the relief requested, which may include a
prayer for the court to admit the will, if any, to probate, to
appoint the person requested in the petition as personal
representative, to determine the heirs, devisees and legatees of the
decedent, to approve the final account, to distribute the property
of the estate and to discharge the personal representative; and
11. A waiver of the final accounting pursuant to Section 541 of
this title, if applicable.
C. The petition shall be verified by the petitioner or signed
by the attorney for the petitioner.
D. The court, without a hearing, shall issue letters of special
administration to the person requested in the petition if the
petition is in proper form and:
1. The proposed personal representative is named as personal
representative in the will;
2. The proposed personal representative has prior right to
appointment; or
3. The petition is accompanied by a waiver of all persons
entitled to letters testamentary and all persons with a prior right
of appointment.
The special administrator shall have the powers set forth in
subsection A of Section 215 of this title. The court, in its
discretion, may require a bond.
Status: in_force · Read it on the official government site
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