Okla. Stat. tit. 58, § 58-241: Dispensing with regular proceedings in estates under
Where this section sits in the code
- OK Code
- Title 58
$150,000 - Notice to creditors and notice of hearing - Procedure.
A. If, upon filing a petition for probate and after the
appointment of the personal representative, it appears that the
value of the real and personal property in the estate does not
exceed One Hundred Fifty Thousand Dollars ($150,000.00), the court
shall order the personal representative to make an inventory of the
estate, and the court shall appoint appraisers unless the court
determines that appraisement is not necessary.
B. If, upon return of the inventory of the estate of the
decedent, and appraisement of the estate if required, it appears
that the value of the whole estate, both real and personal property,
does not exceed One Hundred Fifty Thousand Dollars ($150,000.00),
and upon application of the personal representative, the court shall
dispense with the regular proceedings or any part thereof prescribed
by law, and the court shall order notice to creditors, and issue
order for hearing upon the final accounting and petition for
determination of heirship, distribution and discharge; provided,
nothing herein shall affect the lien upon any property for any
estate or transfer tax which may be due upon the estate of the
decedent.
C. Notice to creditors and notice of hearing upon the final
accounting and petition for determination of heirship, distribution
and discharge shall be published once each week for two (2)
consecutive weeks in some newspaper of general circulation,
published in the county where the probate is filed. If there is no
legal newspaper in a county, then all such notices required by this
subsection shall be published in a legal newspaper in an adjoining
county having a legal newspaper. Notice to creditors and notice of
hearing upon the final accounting, determination of heirship,
distribution and discharge may be combined in one notice, referred
to as a "combined notice". The notice to creditors or combined
notice shall be mailed to creditors of the decedent as provided in
Sections 331 and 331.1 of this title. Creditors shall file claims
against the estate with the personal representative or the attorney
for personal representative within thirty (30) days after the
publication of the notice. Notice of the hearing or 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
ten (10) days prior to the date of the hearing, and the notice shall
set forth a date by which final account and petition for
distribution will be filed. The date of the filing shall precede by
at least five (5) days the order allowing final accounting,
determination of heirs, and of legatees and devisees, if any, and
distribution.
D. The matter shall be set for hearing not less than thirty-
five (35) days following the first publication of notice to
creditors or combined notice, and upon the hearing the court shall,
after proof of payment of funeral expenses, expenses of last
sickness and of administration and allowed claims, issue an order
allowing the final accounting, determining heirship and the legatees
and devisees, if any, of the decedent, distributing the property of
the estate and discharging the personal representative and surety or
sureties on the personal representative's bond, or defer such
discharge if in the discretion of the court such deferral is
necessary or desirable.
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