Oklahoma § 58-41 - Proceedings on contest

Full text of Oklahoma Oklahoma Statutes § 58-41 — Proceedings on contest, with citation guidance and answers to common questions.

§ 58-41. Proceedings on contest

If anyone appears to contest the will, he must file written

grounds of opposition to the probate thereof, and serve a copy on

the petitioner and other residents of the county interested in the

estate, any one or more of whom may demur thereto upon any of the

grounds of demurrer allowed by law in civil actions. If the

demurrer be sustained, the court must allow the contestant a

reasonable time, not exceeding ten (10) days, within which to amend

his written opposition. If the demurrer is overruled, the

petitioner and others interested may jointly or separately answer

the contestant's grounds, traversing or otherwise obviating or

avoiding the objections. Any issues of fact thus raised, involving:

1. The competency of the decedent to make a last will and

testament.

2. The freedom of the decedent at the time of the execution of

the will from duress, menace, fraud, or undue influence.

3. The due execution and attestation of the will by the

decedent or subscribing witnesses; or,

4. Any other questions substantially affecting the validity of

the will must be tried and determined by the court.

On the trial the contestant is plaintiff, and the petitioner is

defendant.

R.L. 1910, § 6210.

Frequently Asked Questions About Oklahoma § 58-41

What does Oklahoma Statutes § 58-41 cover?

Section 58-41 ("Proceedings on contest") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 58-41?

A common citation format is "Oklahoma Statutes § 58-41" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 58-41 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.