Oklahoma § 58-241 - Dispensing with regular proceedings in estates under

§ 58-241. Dispensing with regular proceedings in estates under

$150,000 - Notice to creditors and notice of hearing - Procedure.

A. If, upon filing a petition for probate and after the

appointment of the personal representative, it appears that the

value of the real and personal property in the estate does not

exceed One Hundred Fifty Thousand Dollars ($150,000.00), the court

shall order the personal representative to make an inventory of the

estate, and the court shall appoint appraisers unless the court

determines that appraisement is not necessary.

B. If, upon return of the inventory of the estate of the

decedent, and appraisement of the estate if required, it appears

that the value of the whole estate, both real and personal property,

does not exceed One Hundred Fifty Thousand Dollars ($150,000.00),

and upon application of the personal representative, the court shall

dispense with the regular proceedings or any part thereof prescribed

by law, and the court shall order notice to creditors, and issue

order for hearing upon the final accounting and petition for

determination of heirship, distribution and discharge; provided,

nothing herein shall affect the lien upon any property for any

estate or transfer tax which may be due upon the estate of the

decedent.

C. Notice to creditors and notice of hearing upon the final

accounting and petition for determination of heirship, distribution

and discharge shall be published once each week for two (2)

Oklahoma Statutes - Title 58. Probate Procedure

consecutive weeks in some newspaper of general circulation,

published in the county where the probate is filed. If there is no

legal newspaper in a county, then all such notices required by this

subsection shall be published in a legal newspaper in an adjoining

county having a legal newspaper. Notice to creditors and notice of

hearing upon the final accounting, determination of heirship,

distribution and discharge may be combined in one notice, referred

to as a "combined notice". The notice to creditors or combined

notice shall be mailed to creditors of the decedent as provided in

Sections 331 and 331.1 of this title. Creditors shall file claims

against the estate with the personal representative or the attorney

for personal representative within thirty (30) days after the

publication of the notice. Notice of the hearing or the combined

notice shall be mailed to all persons interested in the estate of

the decedent at their respective last-known addresses not less than

ten (10) days prior to the date of the hearing, and the notice shall

set forth a date by which final account and petition for

distribution will be filed. The date of the filing shall precede by

at least five (5) days the order allowing final accounting,

determination of heirs, and of legatees and devisees, if any, and

distribution.

D. The matter shall be set for hearing not less than thirtyfive (35) days following the first publication of notice to

creditors or combined notice, and upon the hearing the court shall,

after proof of payment of funeral expenses, expenses of last

sickness and of administration and allowed claims, issue an order

allowing the final accounting, determining heirship and the legatees

and devisees, if any, of the decedent, distributing the property of

the estate and discharging the personal representative and surety or

sureties on the personal representative's bond, or defer such

discharge if in the discretion of the court such deferral is

necessary or desirable.

Added by Laws 1961, p. 441, § 1. Amended by Laws 1970, c. 98, § 1,

emerg. eff. March 30, 1970; Laws 1971, c. 94, § 1, eff. Oct. 1,

1971; Laws 1973, c. 121, § 1, emerg. eff. May 4, 1973; Laws 1975, c.

33, § 1, eff. Oct. 1, 1975; Laws 1976, c. 78, § 1, eff. Oct. 1,

1976; Laws 1979, c. 46, § 1; Laws 1988, c. 228, § 2, emerg. eff.

June 22, 1988; Laws 1993, c. 345, § 9, eff. Sept. 1, 1993; Laws

2004, c. 114, § 1, eff. Nov. 1, 2004.