Oklahoma § 58-240 - Determination of heirs, devisees and legatees under

§ 58-240. Determination of heirs, devisees and legatees under

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

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.

Laws 1980, c. 310, § 2, eff. Oct. 1, 1980; Laws 1991, c. 148, § 1,

eff. Sept. 1, 1991.