Okla. Stat. tit. 58, § 58-677

This is the official text of Okla. Stat. tit. 58, § 58-677, 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.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Petition by nonresident - Contents - Hearing - Objections

Official statutory text

A. Title to Oklahoma property owned by a nonresident may be

passed by the filing of a petition having attached thereto a duly

certified copy of the last will and testament, an order admitting

the will to probate and an order distributing the estate from the

domiciliary probate proceeding, or if the decedent died intestate,

by attaching a duly certified copy of the order appointing the

personal representative and an order distributing estate from the

domiciliary estate.

B. The petition shall contain:

1. The jurisdictional facts;

2. A statement whether the person named as personal

representative consents to act, or renounces his right to letters,

or if it is even necessary for a personal representative to be

appointed;

3. If necessary, a statement stating that if the domiciliary

personal representative renounces his right to act, the personal

representative may waive such right in favor of a resident of the

State of Oklahoma;

4. The names, ages and residences of all the heirs, legatees

and devisees of the decedent so far as known to the petitioner,

including the heirs, legatees and devisees named in the last will

and testament or determined in the order determining heirs issued in

the domiciliary estate;

5. The description, probable value and character of the

property, subject to the jurisdiction of the Oklahoma probate court;

Oklahoma Statutes - Title 58. Probate Procedure Page 109

6. The name and address of the person for whom letters are

prayed; and

7. An affidavit from the domiciliary personal representative

that notice to all creditors, including Oklahoma creditors, known or

reasonably ascertainable, has been given as required by the

domiciliary state. Provided, however, if the domiciliary state

lacks a procedure for giving notice by mail to Oklahoma creditors,

known or reasonably ascertainable, then notice to such creditors

shall be given pursuant to Sections 331, 331.1, 331.2, 332, 333,

334, 335, 337, 338 and 351 of this title or there shall be filed an

affidavit by the domiciliary personal representative that there is

no Oklahoma creditor known to or reasonably ascertainable by the

domiciliary personal representative. For purposes of this section,

the definitions contained in subsection A of Section 331.1 of this

title shall apply.

C. The petition shall be in writing and signed by the applicant

or his counsel.

D. Upon the filing of the petition, the court shall issue an

order setting the matter for hearing not less than twenty (20) days

thereafter, requiring publication of a notice one time, not less

than twenty (20) days prior to the date of hearing. Notice of

hearing shall be mailed to all devisees, legatees and heirs at law,

including those named in the last will and testament or in the order

determining heirs, not less than twenty (20) days prior to the date

of such hearing. If there are devisees, legatees or heirs at law

for which an address is not known, publication of the notice of

hearing shall constitute notice to such persons or entities.

E. If an interested party or creditor does not file a written

objection to the entry of an order distributing Oklahoma property,

in accordance with the documents from the domiciliary estate

attached to the petition, on or before the hearing date, the court

shall enter an order distributing the Oklahoma property in

accordance with the last will and testament of the decedent, and if

the decedent died intestate, in accordance with the laws of

intestate succession of this state.

F. If a written objection is filed by an interested party or

creditor, at the hearing on the petition, the court shall determine

if such objection has merit. If the court so determines, a personal

representative shall be appointed and the proceeding shall be

conducted in accordance with this title. If the objection filed by

an interested party is withdrawn at the hearing on the petition, or
F. If a written objection is filed by an interested party or

creditor, at the hearing on the petition, the court shall determine

if such objection has merit. If the court so determines, a personal

representative shall be appointed and the proceeding shall be

conducted in accordance with this title. If the objection filed by

an interested party is withdrawn at the hearing on the petition, or

if the court finds and adjudicates that such objection has no merit,

the court shall enter an order distributing the Oklahoma property in

accordance with the provisions hereinbefore set forth, and in that

event, such order shall be appealable to the Supreme Court of the

State of Oklahoma in the same manner as other final orders.

Oklahoma Statutes - Title 58. Probate Procedure Page 110

G. The court shall not be required to hold a hearing on any

written objection on the date the petition is set for hearing, but

may set the matter for hearing at a later date, and shall, if

requested by the objecting party, set the matter for hearing at a

later date. If the objection is set for hearing at a later date,

the hearing shall be held within thirty (30) days after the date the

hearing on the petition was originally set, unless the court finds

that such hearing shall be further delayed for good cause.

H. If the court, upon hearing objection to the petition, finds

and determines that the objection has merit, the court shall appoint

a personal representative and the estate shall be conducted in

accordance with the law as it applies to probate of an estate of a

resident of the State of Oklahoma.

I. If the domiciliary probate proceeding has not been

concluded, the petition as described in this section may be filed

without having attached thereto a duly certified copy of the order

distributing estate and determining heirs. In such event:

1. At the hearing on the petition the court may appoint a

personal representative for the estate to administer it in

accordance with the law as it applies to estates of Oklahoma

residents; or

2. The court may enter an order finding that the petitioner has

requested no action be taken in the proceeding until the domiciliary

estate is closed and a duly certified copy of the order distributing

estate and determining heirs is filed in the proceeding. Upon the

order being filed, the court shall set the matter for hearing for

the purpose of entering an order distributing Oklahoma property,

which hearing shall be held not less than twenty (20) days after the

date of the order. Notice of the hearing shall be mailed to all of

the devisees, legatees and heirs at law as named in the last will

and testament and determining heirs as entered in the domiciliary

proceeding, and, if the address of any of the devisees, legatees or

heirs is unknown, the order for hearing shall be published not less

than twenty (20) days prior to the date of the hearing.

J. If an interested party or creditor files a written

objection, the written objection shall be heard and acted upon as

set forth in this section.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.