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

Full text of Oklahoma Oklahoma Statutes § 58-240 — Determination of heirs, devisees and legatees under, with citation guidance and answers to common questions.

§ 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.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 58-240

What does Oklahoma Statutes § 58-240 cover?

Section 58-240 ("Determination of heirs, devisees and legatees under") 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 § 58-240?

A common citation format is "Oklahoma Statutes § 58-240" (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 § 58-240 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.