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§58-245.
§58-245.
A. A petition for summary administration may be filed by any person
interested in an estate that meets one of the following conditions:
1. The value of the estate is less than or equal to One Hundred
Seventy-five Thousand Dollars ($175,000.00);
2. The decedent has been deceased for more than five (5) years; or
3. The decedent resided in another jurisdiction at the time of death.
B. The petition shall set forth the following:
1. A statement of the interest of the petitioner;
2. The name, age and date of death of the decedent, and the county and
state of the decedent's domicile at the time of death;
3. If the decedent died testate, the original or certified copy of the
will of the decedent shall be attached to the petition, together with
a statement that:
a. the petitioner, to the best of the knowledge of the petitioner,
believes the will to have been validly executed, and
b. after the exercise of due diligence, the petitioner is unaware of
any instrument revoking the will, and that the petitioner believes
that the instrument attached to the application is the decedent's last
will;
4. Whether the will attached to the petition has been admitted to
probate in any other jurisdiction;
5. If the decedent died intestate, the petitioner shall state that the
petitioner has diligently searched for and failed to find a will;
6. The names, ages and last-known addresses of the administrators,
executors, nonpetitioning conominees, heirs, legatees and devisees of
the decedent, so far as known to the petitioner;
7. The names and last-known addresses of all known creditors of the
decedent. The petitioner shall state that the petitioner has exercised
due diligence in determining the identities, last-known addresses and
claims of the decedent's creditors;
8. The probable value and character of the property of the estate and
the legal description of all real property owned by the decedent in
Oklahoma;
9. Whether an application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction; and
10. A statement of the relief requested, which may include a prayer
for the court to admit the will, if any, to probate, to appoint the
person requested in the petition as personal representative, to
determine the heirs, devisees and legatees of the decedent, to approve
the final account, to distribute the property of the estate and to
discharge the personal representative.
C. The petition shall be verified by the petitioner or signed by the
attorney for the petitioner.
D. The court, without a hearing, shall issue letters of special
administration to the person requested in the petition if the petition
is in proper form and:
1. The proposed personal representative is named as personal
representative in the will;
2. The proposed personal representative has prior right to
appointment; or
3. The petition is accompanied by a waiver of all persons entitled to
letters testamentary and all persons with a prior right of
appointment.
The special administrator shall have the powers set forth in
subsection A of Section 215 of Title 58 of the Oklahoma Statutes. The
court, in its discretion, may require a bond.
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