§ 246. Petition for summary administration--Notice
Oklahoma Statutes AnnotatedTitle 58. Probate Procedure
58 Okl.St.Ann. § 246
§ 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 at the same time the petition for summary administration is filed. The combined notice shall set forth the following:
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
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.
Credits
Laws 1998, c. 359, § 2, eff. Nov. 1, 1998; Laws 2013, c. 144, § 2, eff. Nov. 1, 2013; Laws 2014, c. 155, § 2, emerg. eff. April 25, 2014.
58 Okl. St. Ann. § 246, OK ST T. 58 § 246
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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