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§58-246.
§58-246.
A. Upon the filing of the petition, the court shall dispense with the
regular estate proceedings prescribed by law and the court shall order
notice to creditors and issue an order for 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 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. 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". The combined notice shall be
mailed to creditors of the decedent as provided in Section 331 and
331.1 of Title 58 of the Oklahoma Statutes. The combined notice shall
be mailed to all persons interested in the estate of the decedent at
their respective last-known addresses not less than thirty (30) days
prior to the date of the hearing. The notice shall set forth a date by
which the final account and petition for distribution will be filed.
The date of the filing shall follow the presentment date by at least
five (5) days and shall precede by at least twenty (20) days the
hearing on the order allowing final accounting, determination of
heirs, legatees and devisees, if any, distribution and discharge.
C. The combined notice shall set forth the following:
1. The name, address, and date of death of the decedent;
2. The name and address of the petitioner;
3. The total value of the estate of the decedent as set forth in the
petition;
4. The time and place of the hearing;
5. That the person receiving the notice must file objections to the
petition at least ten (10) days before the hearing and send a copy to
the petitioner or that person will be deemed to have waived any
objections to the petition;
6. That if an objection is filed at least ten (10) days 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
7. The claim of any creditor not shown in the petition will be barred
unless the claim is presented to the personal representative on or
before a date certain at least thirty (30) days following the filing
of the combined notice.
D. The matter shall be set for hearing not less than forty-five (45)
days following the first publication of notice to creditors or
combined notice.
E. If there is a defect in notice or in the form of the petition or if
objections are filed, or for other good cause shown, the hearing may
be postponed to a date certain.
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