Oklahoma § 58-246 - Petition for summary administration - Notice

§ 58-246. Petition for summary administration - Notice

A. Upon the filing of the petition and combined notice, the

court shall dispense with the regular estate proceedings prescribed

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

order granting final hearing upon the petition for admission of the

will, if any, to probate, the petition for summary administration,

the final accounting, and the petition for determination of

heirship, distribution and discharge. However, nothing in this

section shall affect the lien upon any property for any estate or

transfer tax which may be due upon the estate of the decedent.

B. Notice to creditors and notice of hearing upon the petition

for summary administration and the final accounting, determination

of heirship, and distribution and discharge shall be combined into

one notice, referred to as a "combined notice". Combined notice

shall be filed within five (5) days from the granting of the order

admitting the petition and order for combined notice. The combined

notice shall set forth the following:

Oklahoma Statutes - Title 58. Probate Procedure

1. The name, address, and date of death of the decedent;

2. The name and address of the petitioner;

3. Whether a will exists;

4. The name and address of the personal representative, if

specified;

5. The name and address of the heirs or devisees;

6. The probable value of the estate of the decedent as set

forth in the petition;

7. The date, time and place of the final hearing;

8. That the person receiving the notice or any interested party

may file objections to the petition at any time before the final

hearing and send a copy to the petitioner or that person will be

deemed to have waived any objections to the petition;

9. That if an objection is filed before the hearing, the court

will determine at the hearing whether the will attached to the

petition shall be admitted to probate, whether summary proceedings

are appropriate and, if so, whether the estate will be distributed

and to whom the estate will be distributed; and

10. The claim of any creditor will be barred unless the claim

is presented to the personal representative no more than thirty (30)

days following the granting of the order admitting the petition and

combined notice.

C. Within ten (10) days of the granting of the order admitting

the petition and combined notice, notice of the petition, notice to

creditors, and notice of final accounting, determination of

heirship, distribution and discharge shall be published once each

week for two (2) consecutive weeks in a newspaper that is authorized

by law to publish legal notices and that is published in the county

where the petition is filed. If no newspaper authorized by law to

publish legal notices is published in the county, the notice shall

be posted in three public places in the county, one of which shall

be the county courthouse. Within ten (10) days of the granting of

the order admitting the petition and combined notice, the combined

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

Sections 331 and 331.1 of this title. Within ten (10) days of the

granting of the order admitting the petition and combined notice,

the combined notice shall be mailed to all persons interested in the

estate of the decedent at their respective last-known addresses.

D. The matter shall be set for final hearing not less than

forty-five (45) days following the granting of the order admitting

the petition and combined notice.

E. If there is a defect in notice or in the form of the

petition or if objections are filed, or for other good cause shown,

the hearing may be postponed to a date certain.

Added by Laws 1998, c. 359, § 2, eff. Nov. 1, 1998. Amended by Laws

2013, c. 144, § 2, eff. Nov. 1, 2013; Laws 2014, c. 155, § 2, emerg.

Oklahoma Statutes - Title 58. Probate Procedure

eff. April 25, 2014; Laws 2025, c. 114, § 1, emerg. eff. May 8,

2025.