Oklahoma § 58-25 - Hearing - Notice, how given

§ 58-25. Hearing - Notice, how given

When a petition for probate of a will is filed, the court must

fix a day for hearing the petition, not less than ten (10) nor more

than thirty (30) days from the date of filing of the petition, and

if the names and addresses of all heirs, legatees, and devisees of

the testator are known to the petitioner and are set out in the

petition, the court shall cause notice of such hearing to be given

as provided in Section 34 of this title, by mailing copies of the

notice to all heirs, legatees, and devisees, other than devisees and

legatees whose devises and bequests are conditioned upon another

named person's predeceasing the testator in accordance with terms

stated in the will and such named person did not predecease the

testator in accordance with terms stated in the will, postage

prepaid, at their last-known place of residence not less than ten

(10) days prior to the date of the hearing; provided, however, if

the name or address of one or more heirs, legatees, or devisees of

the testator is not known to the petitioner, or if one or more

heirs, legatees, or devisees of the testator are alleged to have

survived the testator but died prior to the filing of the petition

Oklahoma Statutes - Title 58. Probate Procedure

and the petitioner alleges that he knows of no personal

representative for the decedents' estates, notice of the hearing of

the petition shall be given by mailing, as above provided, and, in

addition thereto, the notice shall be published in one issue of a

newspaper, and in such case the hearing shall not be less than ten

(10) days from the date of publication of the notice. For purposes

of this section, if a legatee or devisee is the trustee of an

express trust or testamentary trust, notice need be given only to

the trustee and not to the beneficiaries of the trust unless the

beneficiaries are otherwise entitled to notice as heirs or as

legatees or devisees of property not devised or bequeathed to the

trust.

R.L. 1910, § 6203; Laws 1953, p. 232, § 2; Laws 1963, c. 99, § 1,

emerg. eff. May 27, 1963; Laws 1967, c. 178, § 1, emerg. eff. May 1,

1967; Laws 1969, c. 302, § 1, eff. Jan. 1, 1970; Laws 1970, c. 218,

§ 1, emerg. eff. April 15, 1970; Laws 1993, c. 345, § 5, eff. Sept.

1, 1993.