Okla. Stat. tit. 58, § 58-246
This is the official text of Okla. Stat. tit. 58, § 58-246, 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 - Notice
Official statutory text
A. Upon the filing of the petition and combined notice, the
court shall dispense with the regular estate proceedings prescribed
by law and the court shall order notice to creditors and issue an
order granting final hearing upon the petition for admission of the
will, if any, to probate, the petition for summary administration,
the final accounting, and the petition for determination of
heirship, distribution and discharge. However, nothing in this
section shall affect the lien upon any property for any estate or
transfer tax which may be due upon the estate of the decedent.
B. Notice to creditors and notice of hearing upon the petition
for summary administration and the final accounting, determination
of heirship, and distribution and discharge shall be combined into
one notice, referred to as a "combined notice". Combined notice
shall be filed within five (5) days from the granting of the order
admitting the petition and order for combined notice. The combined
notice shall set forth the following:
Oklahoma Statutes - Title 58. Probate Procedure Page 46
1. The name, address, and date of death of the decedent;
2. The name and address of the petitioner;
3. Whether a will exists;
4. The name and address of the personal representative, if
specified;
5. The name and address of the heirs or devisees;
6. The probable value of the estate of the decedent as set
forth in the petition;
7. The date, time and place of the final hearing;
8. That the person receiving the notice or any interested party
may file objections to the petition at any time before the final
hearing and send a copy to the petitioner or that person will be
deemed to have waived any objections to the petition;
9. That if an objection is filed before the hearing, the court
will determine at the hearing whether the will attached to the
petition shall be admitted to probate, whether summary proceedings
are appropriate and, if so, whether the estate will be distributed
and to whom the estate will be distributed; and
10. The claim of any creditor will be barred unless the claim
is presented to the personal representative no more than thirty (30)
days following the granting of the order admitting the petition and
combined notice.
C. Within ten (10) days of the granting of the order admitting
the petition and combined notice, notice of the petition, notice to
creditors, and notice of final accounting, determination of
heirship, distribution and discharge shall be published once each
week for two (2) consecutive weeks in a newspaper that is authorized
by law to publish legal notices and that is published in the county
where the petition is filed. If no newspaper authorized by law to
publish legal notices is published in the county, the notice shall
be posted in three public places in the county, one of which shall
be the county courthouse. Within ten (10) days of the granting of
the order admitting the petition and combined notice, the combined
notice shall be mailed to creditors of the decedent as provided in
Sections 331 and 331.1 of this title. Within ten (10) days of the
granting of the order admitting the petition and combined notice,
the combined notice shall be mailed to all persons interested in the
estate of the decedent at their respective last-known addresses.
D. The matter shall be set for final hearing not less than
forty-five (45) days following the granting of the order admitting
the petition and combined notice.
E. If there is a defect in notice or in the form of the
petition or if objections are filed, or for other good cause shown,
the hearing may be postponed to a date certain.
court shall dispense with the regular estate proceedings prescribed
by law and the court shall order notice to creditors and issue an
order granting final hearing upon the petition for admission of the
will, if any, to probate, the petition for summary administration,
the final accounting, and the petition for determination of
heirship, distribution and discharge. However, nothing in this
section shall affect the lien upon any property for any estate or
transfer tax which may be due upon the estate of the decedent.
B. Notice to creditors and notice of hearing upon the petition
for summary administration and the final accounting, determination
of heirship, and distribution and discharge shall be combined into
one notice, referred to as a "combined notice". Combined notice
shall be filed within five (5) days from the granting of the order
admitting the petition and order for combined notice. The combined
notice shall set forth the following:
Oklahoma Statutes - Title 58. Probate Procedure Page 46
1. The name, address, and date of death of the decedent;
2. The name and address of the petitioner;
3. Whether a will exists;
4. The name and address of the personal representative, if
specified;
5. The name and address of the heirs or devisees;
6. The probable value of the estate of the decedent as set
forth in the petition;
7. The date, time and place of the final hearing;
8. That the person receiving the notice or any interested party
may file objections to the petition at any time before the final
hearing and send a copy to the petitioner or that person will be
deemed to have waived any objections to the petition;
9. That if an objection is filed before the hearing, the court
will determine at the hearing whether the will attached to the
petition shall be admitted to probate, whether summary proceedings
are appropriate and, if so, whether the estate will be distributed
and to whom the estate will be distributed; and
10. The claim of any creditor will be barred unless the claim
is presented to the personal representative no more than thirty (30)
days following the granting of the order admitting the petition and
combined notice.
C. Within ten (10) days of the granting of the order admitting
the petition and combined notice, notice of the petition, notice to
creditors, and notice of final accounting, determination of
heirship, distribution and discharge shall be published once each
week for two (2) consecutive weeks in a newspaper that is authorized
by law to publish legal notices and that is published in the county
where the petition is filed. If no newspaper authorized by law to
publish legal notices is published in the county, the notice shall
be posted in three public places in the county, one of which shall
be the county courthouse. Within ten (10) days of the granting of
the order admitting the petition and combined notice, the combined
notice shall be mailed to creditors of the decedent as provided in
Sections 331 and 331.1 of this title. Within ten (10) days of the
granting of the order admitting the petition and combined notice,
the combined notice shall be mailed to all persons interested in the
estate of the decedent at their respective last-known addresses.
D. The matter shall be set for final hearing not less than
forty-five (45) days following the granting of the order admitting
the petition and combined notice.
E. If there is a defect in notice or in the form of the
petition or if objections are filed, or for other good cause shown,
the hearing may be postponed to a date certain.
Status: in_force · Read it on the official government site
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