Oklahoma § 84-254 - Trial and judgment - Rehearings

§ 84-254. Trial and judgment - Rehearings

Upon the date set for the hearing of said petition the district

court shall hear evidence offered, and shall render judgment

according to said evidence, as in other probate cases, and the court

shall determine the heirs of the said decedent as of the date of the

death of the said decedent. The judgment of the court shall be

final and conclusive on all persons appearing or who have been

personally served with summons, and shall be final as to all those

served by publication, unless any person so served by publication

may file in said district court, within twelve months from the

rendition of said judgment, a verified petition setting forth that

he or she did not have actual notice of the hearing in time to be

present at the hearing, and that he or she, in good faith, believes

himself to be an heir of the decedent and the facts on which such

belief is based, and in that event he shall be heard thereon. The

judge of the district court shall, upon the date of filing said

petition, set a date for the hearing of such petition and shall

cause all parties of record in said cause to be given reasonable

notice thereof of not less than ten nor more than thirty days. Upon

such hearing the court shall determine the heirship of said decedent

and shall render a decision thereon in accord with the facts shown

on said hearings; such judgment so rendered shall vacate the

Oklahoma Statutes - Title 84. Wills and Succession

original judgment and shall have the same force and effect as in the

original hearing thereon, and any party aggrieved may appeal as from

the judgment on the original hearing.

Laws 1919, c. 25, p. 42, § 4.