Oklahoma Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a petition for the probate of a will (58 O.S. §23), or a petition for letters of administration when there is no will (§127), filed in the district court of the county of proper venue, generally where the decedent lived (§5). The statutes name no single combined title and no statewide form is named on this page, so ask the court clerk; the court's form controls.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period runs.

3. 3

   A petition to prove a will may be filed at any time after the death of the testator (58 O.S. §22). Every custodian of a will must, within 30 days after receiving information that the maker has died, deliver it to the district court having jurisdiction of the estate or to the named executor, and a custodian who fails is responsible for damages to anyone injured (§21). For any other time limit, ask the court clerk or an attorney.

4. 4

   Who may serve: for a will, the court issues letters to the competent persons named as executors (58 O.S. §101). Under-age persons, some convicted persons and persons adjudged incompetent are not competent (§102). Without a will, the order is the surviving spouse or a competent person the spouse requests, children, father or mother, brothers or sisters, grandchildren, next of kin entitled to share in the estate, creditors, then any competent person (§122). A nonresident may be appointed but must first file a written appointment of an agent living in the county of appointment to accept service (§162). Appointment is not guaranteed.

5. 5

   Notice before appointment: for a will, the court sets a hearing not less than 10 nor more than 30 days after filing, and known heirs, legatees and devisees are mailed notice at least 10 days before the hearing (58 O.S. §§25, 26). If a name or address is unknown, publication is also required. Appearing in court waives notice (§28). Notice rules for a petition for letters of administration are not covered here, so ask the court clerk.

6. 6

   Creditors: within two months after letters issue, the personal representative must file a notice to creditors, publish it once a week for two consecutive weeks in a county newspaper and mail it to known creditors (58 O.S. §331). The presentment date is a date certain at least two months after the notice is filed, and claims not presented by then are barred (§§331, 333). It is one month where the decedent died more than five years before probate began, or where regular proceedings are dispensed with under §241 (§331).

7. 7

   Bond is required by default: before receiving letters, the representative signs a bond to the State of Oklahoma with two or more sureties, in the amount the court orders (58 O.S. §171). The court may order that no bond be required (§171); whether a will can waive bond is not addressed here. Not every estate needs regular probate: summary administration (§§245-247) is a shorter court proceeding started by its own verified petition, and a small-estate affidavit route is covered on DocDraft's small-estate-affidavit page.

Oklahoma Requirements for Petition for Probate

• District Court of Proper County

  The district court of the county of proper venue has exclusive jurisdiction to prove a will or grant letters. Venue is generally the county where the decedent lived at death (58 O.S. §5).

• Petition Contents

  A petition for probate of a will must be in writing, signed, and show the jurisdictional facts, whether the executor consents to act, the heirs, legatees and devisees, the probable value and character of the property, and who is to receive letters (58 O.S. §23).

• Will Custodian Delivers Within 30 Days

  A custodian of a will must deliver it to the district court or the named executor within 30 days after learning the maker has died (58 O.S. §21).

• Order of Priority for Administrator

  Without a will, the order is the surviving spouse or a competent person the spouse requests, children, father or mother, brothers or sisters, grandchildren, next of kin entitled to share in the estate, creditors, then any competent person (58 O.S. §122).

• Nonresident Appoints an Agent

  A nonresident personal representative must, before entering on duties, appoint in writing an agent residing in the county of appointment and file the writing with the district court (58 O.S. §162).

• Mailed Notice Before the Hearing

  The hearing is set not less than 10 nor more than 30 days after filing. Known heirs, legatees and devisees are mailed notice at least 10 days before it, with publication if a name or address is unknown (58 O.S. §§25, 26).

• Creditor Notice After Letters

  Within two months after letters issue, the representative files, publishes and mails a notice to creditors. The presentment date is at least two months after filing (one month in some cases), and unpresented claims are barred (58 O.S. §§331, 333).

• Bond Required Unless Court Waives

  Before receiving letters, the representative executes a bond with two or more sureties in the amount the court orders. The court may order that no bond be required (58 O.S. §171).