Oklahoma § 58-632.3 - Compliance with notice requirements - Form of final

§ 58-632.3. Compliance with notice requirements - Form of final

decree - Voidable decree.

1. At the hearing on the final account of any personal

representative who has given notice to creditors as provided in this

title, the judge shall conduct an inquiry to judicially determine

whether the personal representative has complied with the provisions

of Sections 243 and 331 of this title.

2. The final decree shall contain a finding in substantially

the following form:

a.

That notice to creditors as required by Sections 243

and 331 of this title was given by the personal

representative, including notice by mail to all

creditors, if any, known to the personal

representative as of the date said notice was filed

with the district court clerk for the county in which

the probate is pending, at their respective last-known

addresses; and

b.

That all claims not filed within the time permitted

for the presentation of claims are nonsuited, void and

forever barred, except as otherwise provided in this

title or any claim for which payment is approved in

this decree pursuant to Section 335 of this title.

Oklahoma Statutes - Title 58. Probate Procedure

3. A final decree which fails to contain the finding required

by this section shall be voidable.

4. If the affidavits required by Section 332 of this title are

filed in the probate proceeding for the decedent's estate prior to

the entry of the final decree and the final decree contains the

findings required by this section, the failure of a personal

representative to give actual notice to a creditor shall not impair

the marketability of the title to any property, real or personal,

distributed from the estate.

5. Marketability of the title to any property, real or

personal, sold during the administration of an estate shall not be

impaired or affected by the requirements of this title for giving

notice to creditors of a decedent.

Added by Laws 1988, c. 228, § 18, emerg. eff. June 22, 1988.

Amended by Laws 1992, c. 395, § 12, eff. Sept. 1, 1992.