Oklahoma § 58-245 - Petition for summary administration - Conditions Requirements

§ 58-245. Petition for summary administration - Conditions Requirements

A. A petition for summary administration may be filed by any

person interested in an estate that meets one of the following

conditions:

1. The value of the estate is less than or equal to Two Hundred

Thousand Dollars ($200,000.00);

2. The decedent has been deceased for more than five (5) years;

or

3. The decedent resided in another jurisdiction at the time of

death.

B. The petition shall set forth the following:

1. A statement of the interest of the petitioner;

2. The name, age and date of death of the decedent, and the

county and state of the decedent's domicile at the time of death;

3. If the decedent died testate, the original or certified copy

of the will of the decedent shall be attached to the petition,

together with a statement that:

a.

the petitioner, to the best of the knowledge of the

petitioner, believes the will to have been validly

executed, and

b.

after the exercise of due diligence, the petitioner is

unaware of any instrument revoking the will, and that

the petitioner believes that the instrument attached

to the application is the decedent's last will;

4. Whether the will attached to the petition has been admitted

to probate in any other jurisdiction;

5. If the decedent died intestate, the petitioner shall state

that the petitioner has diligently searched for and failed to find a

will;

6. The names, ages and last-known addresses of the

administrators, executors, nonpetitioning conominees, heirs,

legatees and devisees of the decedent, so far as known to the

petitioner;

7. The names and last-known addresses of all known creditors of

the decedent. The petitioner shall state that the petitioner has

exercised due diligence in determining the identities, last-known

addresses and claims of the decedent's creditors;

8. The probable value and character of the property of the

estate and the legal description of all real property owned by the

decedent in Oklahoma;

Oklahoma Statutes - Title 58. Probate Procedure

9. Whether an application or petition for the appointment of a

personal representative is pending or has been granted in any

jurisdiction;

10. A statement of the relief requested, which may include a

prayer for the court to admit the will, if any, to probate, to

appoint the person requested in the petition as personal

representative, to determine the heirs, devisees and legatees of the

decedent, to approve the final account, to distribute the property

of the estate and to discharge the personal representative; and

11. A waiver of the final accounting pursuant to Section 541 of

this title, if applicable.

C. The petition shall be verified by the petitioner or signed

by the attorney for the petitioner.

D. The court, without a hearing, shall issue letters of special

administration to the person requested in the petition if the

petition is in proper form and:

1. The proposed personal representative is named as personal

representative in the will;

2. The proposed personal representative has prior right to

appointment; or

3. The petition is accompanied by a waiver of all persons

entitled to letters testamentary and all persons with a prior right

of appointment.

The special administrator shall have the powers set forth in

subsection A of Section 215 of this title. The court, in its

discretion, may require a bond.

Added by Laws 1998, c. 359, § 1, eff. Nov. 1, 1998. Amended by Laws

2013, c. 144, § 1, eff. Nov. 1, 2013; Laws 2014, c. 155, § 1, emerg.

eff. April 25, 2014.