{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-677","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-677","heading":"Petition by nonresident - Contents - Hearing - Objections","body":"A. Title to Oklahoma property owned by a nonresident may be\n\npassed by the filing of a petition having attached thereto a duly\n\ncertified copy of the last will and testament, an order admitting\n\nthe will to probate and an order distributing the estate from the\n\ndomiciliary probate proceeding, or if the decedent died intestate,\n\nby attaching a duly certified copy of the order appointing the\n\npersonal representative and an order distributing estate from the\n\ndomiciliary estate.\n\nB. The petition shall contain:\n\n1. The jurisdictional facts;\n\n2. A statement whether the person named as personal\n\nrepresentative consents to act, or renounces his right to letters,\n\nor if it is even necessary for a personal representative to be\n\nappointed;\n\n3. If necessary, a statement stating that if the domiciliary\n\npersonal representative renounces his right to act, the personal\n\nrepresentative may waive such right in favor of a resident of the\n\nState of Oklahoma;\n\n4. The names, ages and residences of all the heirs, legatees\n\nand devisees of the decedent so far as known to the petitioner,\n\nincluding the heirs, legatees and devisees named in the last will\n\nand testament or determined in the order determining heirs issued in\n\nthe domiciliary estate;\n\n5. The description, probable value and character of the\n\nproperty, subject to the jurisdiction of the Oklahoma probate court;\n\n6. The name and address of the person for whom letters are\n\nprayed; and\n\n7. An affidavit from the domiciliary personal representative\n\nthat notice to all creditors, including Oklahoma creditors, known or\n\nreasonably ascertainable, has been given as required by the\n\ndomiciliary state. Provided, however, if the domiciliary state\n\nlacks a procedure for giving notice by mail to Oklahoma creditors,\n\nknown or reasonably ascertainable, then notice to such creditors\n\nshall be given pursuant to Sections 331, 331.1, 331.2, 332, 333,\n\n334, 335, 337, 338 and 351 of this title or there shall be filed an\n\naffidavit by the domiciliary personal representative that there is\n\nno Oklahoma creditor known to or reasonably ascertainable by the\n\ndomiciliary personal representative. For purposes of this section,\n\nthe definitions contained in subsection A of Section 331.1 of this\n\ntitle shall apply.\n\nC. The petition shall be in writing and signed by the applicant\n\nor his counsel.\n\nD. Upon the filing of the petition, the court shall issue an\n\norder setting the matter for hearing not less than twenty (20) days\n\nthereafter, requiring publication of a notice one time, not less\n\nthan twenty (20) days prior to the date of hearing. Notice of\n\nhearing shall be mailed to all devisees, legatees and heirs at law,\n\nincluding those named in the last will and testament or in the order\n\ndetermining heirs, not less than twenty (20) days prior to the date\n\nof such hearing. If there are devisees, legatees or heirs at law\n\nfor which an address is not known, publication of the notice of\n\nhearing shall constitute notice to such persons or entities.\n\nE. If an interested party or creditor does not file a written\n\nobjection to the entry of an order distributing Oklahoma property,\n\nin accordance with the documents from the domiciliary estate\n\nattached to the petition, on or before the hearing date, the court\n\nshall enter an order distributing the Oklahoma property in\n\naccordance with the last will and testament of the decedent, and if\n\nthe decedent died intestate, in accordance with the laws of\n\nintestate succession of this state.\n\nF. If a written objection is filed by an interested party or\n\ncreditor, at the hearing on the petition, the court shall determine\n\nif such objection has merit. If the court so determines, a personal\n\nrepresentative shall be appointed and the proceeding shall be\n\nconducted in accordance with this title. If the objection filed by\n\nan interested party is withdrawn at the hearing on the petition, or\nF. If a written objection is filed by an interested party or\n\ncreditor, at the hearing on the petition, the court shall determine\n\nif such objection has merit. If the court so determines, a personal\n\nrepresentative shall be appointed and the proceeding shall be\n\nconducted in accordance with this title. If the objection filed by\n\nan interested party is withdrawn at the hearing on the petition, or\n\nif the court finds and adjudicates that such objection has no merit,\n\nthe court shall enter an order distributing the Oklahoma property in\n\naccordance with the provisions hereinbefore set forth, and in that\n\nevent, such order shall be appealable to the Supreme Court of the\n\nState of Oklahoma in the same manner as other final orders.\n\nG. The court shall not be required to hold a hearing on any\n\nwritten objection on the date the petition is set for hearing, but\n\nmay set the matter for hearing at a later date, and shall, if\n\nrequested by the objecting party, set the matter for hearing at a\n\nlater date. If the objection is set for hearing at a later date,\n\nthe hearing shall be held within thirty (30) days after the date the\n\nhearing on the petition was originally set, unless the court finds\n\nthat such hearing shall be further delayed for good cause.\n\nH. If the court, upon hearing objection to the petition, finds\n\nand determines that the objection has merit, the court shall appoint\n\na personal representative and the estate shall be conducted in\n\naccordance with the law as it applies to probate of an estate of a\n\nresident of the State of Oklahoma.\n\nI. If the domiciliary probate proceeding has not been\n\nconcluded, the petition as described in this section may be filed\n\nwithout having attached thereto a duly certified copy of the order\n\ndistributing estate and determining heirs. In such event:\n\n1. At the hearing on the petition the court may appoint a\n\npersonal representative for the estate to administer it in\n\naccordance with the law as it applies to estates of Oklahoma\n\nresidents; or\n\n2. The court may enter an order finding that the petitioner has\n\nrequested no action be taken in the proceeding until the domiciliary\n\nestate is closed and a duly certified copy of the order distributing\n\nestate and determining heirs is filed in the proceeding. Upon the\n\norder being filed, the court shall set the matter for hearing for\n\nthe purpose of entering an order distributing Oklahoma property,\n\nwhich hearing shall be held not less than twenty (20) days after the\n\ndate of the order. Notice of the hearing shall be mailed to all of\n\nthe devisees, legatees and heirs at law as named in the last will\n\nand testament and determining heirs as entered in the domiciliary\n\nproceeding, and, if the address of any of the devisees, legatees or\n\nheirs is unknown, the order for hearing shall be published not less\n\nthan twenty (20) days prior to the date of the hearing.\n\nJ. If an interested party or creditor files a written\n\nobjection, the written objection shall be heard and acted upon as\n\nset forth in this section.","path":["OK Code","Title 58"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"217726f62d446e216bda4baf610c57aa1970f724c76399f1b808386dcd2de18e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-676","next":"us-ok/okla.-stat.-tit.-58-58-691"},"notice":"GroundRules: Original legal text. Not legal advice."}