Oklahoma § 58-946 - Hearing - Presumption of death - Search or inquiry Decree - Issuance of letters testamentary or of administration

§ 58-946. Hearing - Presumption of death - Search or inquiry Decree - Issuance of letters testamentary or of administration

Oklahoma Statutes - Title 58. Probate Procedure

A. At the hearing, the court shall determine whether the

absentee is a person who is presumed to be dead. The court may

receive evidence and consider the affidavits and depositions of

persons likely to have seen or heard from or know the location of

the absentee.

B. If the court is not satisfied that a diligent search or

inquiry has been made for the absentee, the court may order the

petitioner to conduct a diligent search or inquiry and to report the

results. The court may order the search or inquiry to be made in

any manner that the court determines to be advisable.

C. The costs of a search ordered by the court pursuant to

subsection B of this section shall be paid by the estate of the

absentee.

D. If, upon said hearing, it appears to the court, upon the

evidence offered and of witnesses sworn and examined, that said

person for the estate of whom letters testamentary or of

administration is asked, has been continuously absent and

unaccounted for for a period of more than seven (7) years prior to

the date of the filing of said petition, and if it shall further

appear upon said hearing that the person for whom letters

testamentary or of administration is being asked is qualified, as

now provided by law, to act as such, said court shall make and enter

a decree declaring such person to be legally dead, and have the full

power and authority to issue letters testamentary or of

administration to said person, or any other fit and proper person,

and that thereafter all further proceedings upon the estate of said

absent person shall be had as provided by law, and, with the same

force and effect as if the death of said absent person had been

definitely proven.

Laws 1937, p. 6, § 6.