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§58-677.


§58-677.
   
   A. Title to Oklahoma property owned by a nonresident may be passed by
   the filing of a petition having attached thereto a duly certified copy
   of the last will and testament, an order admitting the will to probate
   and an order distributing the estate from the domiciliary probate
   proceeding, or if the decedent died intestate, by attaching a duly
   certified copy of the order appointing the personal representative and
   an order distributing estate from the domiciliary estate.
   
   B. The petition shall contain:
   
   1. The jurisdictional facts;
   
   2. A statement whether the person named as personal representative
   consents to act, or renounces his right to letters, or if it is even
   necessary for a personal representative to be appointed;
   
   3. If necessary, a statement stating that if the domiciliary personal
   representative renounces his right to act, the personal representative
   may waive such right in favor of a resident of the State of Oklahoma;
   
   4. The names, ages and residences of all the heirs, legatees and
   devisees of the decedent so far as known to the petitioner, including
   the heirs, legatees and devisees named in the last will and testament
   or determined in the order determining heirs issued in the domiciliary
   estate;
   
   5. The description, probable value and character of the property,
   subject to the jurisdiction of the Oklahoma probate court;
   
   6. The name and address of the person for whom letters are prayed; and
   
   7. An affidavit from the domiciliary personal representative that
   notice to all creditors, including Oklahoma creditors, known or
   reasonably ascertainable, has been given as required by the
   domiciliary state. Provided, however, if the domiciliary state lacks a
   procedure for giving notice by mail to Oklahoma creditors, known or
   reasonably ascertainable, then notice to such creditors shall be given
   pursuant to Sections 331, 331.1, 331.2, 332, 333, 334, 335, 337, 338
   and 351 of this title or there shall be filed an affidavit by the
   domiciliary personal representative that there is no Oklahoma creditor
   known to or reasonably ascertainable by the domiciliary personal
   representative. For purposes of this section, the definitions
   contained in subsection A of Section 331.1 of this title shall apply.
   
   C. The petition shall be in writing and signed by the applicant or his
   counsel.
   
   D. Upon the filing of the petition, the court shall issue an order
   setting the matter for hearing not less than twenty (20) days
   thereafter, requiring publication of a notice one time, not less than
   twenty (20) days prior to the date of hearing. Notice of hearing shall
   be mailed to all devisees, legatees and heirs at law, including those
   named in the last will and testament or in the order determining
   heirs, not less than twenty (20) days prior to the date of such
   hearing. If there are devisees, legatees or heirs at law for which an
   address is not known, publication of the notice of hearing shall
   constitute notice to such persons or entities.
   
   E. If an interested party or creditor does not file a written
   objection to the entry of an order distributing Oklahoma property, in
   accordance with the documents from the domiciliary estate attached to
   the petition, on or before the hearing date, the court shall enter an
   order distributing the Oklahoma property in accordance with the last
   will and testament of the decedent, and if the decedent died
   intestate, in accordance with the laws of intestate succession of this
   state.
   
   F. If a written objection is filed by an interested party or creditor,
   at the hearing on the petition, the court shall determine if such
   objection has merit. If the court so determines, a personal
   representative shall be appointed and the proceeding shall be
   conducted in accordance with this title. If the objection filed by an
   interested party is withdrawn at the hearing on the petition, or if
   the court finds and adjudicates that such objection has no merit, the
   court shall enter an order distributing the Oklahoma property in
   accordance with the provisions hereinbefore set forth, and in that
   event, such order shall be appealable to the Supreme Court of the
   State of Oklahoma in the same manner as other final orders.
   
   G. The court shall not be required to hold a hearing on any written
   objection on the date the petition is set for hearing, but may set the
   matter for hearing at a later date, and shall, if requested by the
   objecting party, set the matter for hearing at a later date. If the
   objection is set for hearing at a later date, the hearing shall be
   held within thirty (30) days after the date the hearing on the
   petition was originally set, unless the court finds that such hearing
   shall be further delayed for good cause.
   
   H. If the court, upon hearing objection to the petition, finds and
   determines that the objection has merit, the court shall appoint a
   personal representative and the estate shall be conducted in
   accordance with the law as it applies to probate of an estate of a
   resident of the State of Oklahoma.
   
   I. If the domiciliary probate proceeding has not been concluded, the
   petition as described in this section may be filed without having
   attached thereto a duly certified copy of the order distributing
   estate and determining heirs. In such event:
   
   1. At the hearing on the petition the court may appoint a personal
   representative for the estate to administer it in accordance with the
   law as it applies to estates of Oklahoma residents; or
   
   2. The court may enter an order finding that the petitioner has
   requested no action be taken in the proceeding until the domiciliary
   estate is closed and a duly certified copy of the order distributing
   estate and determining heirs is filed in the proceeding. Upon the
   order being filed, the court shall set the matter for hearing for the
   purpose of entering an order distributing Oklahoma property, which
   hearing shall be held not less than twenty (20) days after the date of
   the order. Notice of the hearing shall be mailed to all of the
   devisees, legatees and heirs at law as named in the last will and
   testament and determining heirs as entered in the domiciliary
   proceeding, and, if the address of any of the devisees, legatees or
   heirs is unknown, the order for hearing shall be published not less
   than twenty (20) days prior to the date of the hearing.
   
   J. If an interested party or creditor files a written objection, the
   written objection shall be heard and acted upon as set forth in this
   section.
   

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