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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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