{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-911","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-911","heading":"Petition for determination - Hearing - Notice - Order and","body":"decree - Filing.\n\nIn all cases where any person being a life tenant or joint\n\ntenant in any interest in real property, including but not limited\n\nto mortgages owned by two or more persons as joint tenants with\n\nright of survivorship, shall die either testate or intestate,\n\nleaving no property or estate on which administration proceedings\n\nhave been had or commenced, any of the remaindermen having an\n\ninterest in the real estate subject to such life estate, or any\n\nsurvivor of such joint tenancy, or any person claiming any right,\n\ntitle or interest in said real estate by, through or under such\n\nremainderman or survivor may have the fact of the death of said life\n\ntenant or joint tenant judicially determined by filing a petition in\n\nthe district court of the county in which said real estate or some\n\npart thereof is situated, or of the county of the residence of said\n\ndecedent, alleging the facts of such life estate or joint tenancy,\n\ndescribing such real estate, alleging the death of such life tenant\n\nor joint tenant as the case may be, and setting forth the names and\n\naddresses, if known, of all of the heirs of said decedent, if\n\nintestate, and of his heirs, devisees and legatees, if testate, and\n\nof all other persons by him known to claim any interest in said real\n\nestate, which petition shall be sworn to by petitioner, his agent or\n\nattorney.\n\nUpon the filing of such petition the court shall enter an order\n\nfixing the date and hour for hearing same, which date shall be not\n\nless than ten (10) days from the date of entry of said order. The\n\ncourt clerk shall thereupon issue a notice under his hand and seal,\n\nwhich notice shall be directed to \"the heirs, devisees, legatees and\n\nassigns\" of said decedent, \"and to all persons claiming any right,\n\ntitle or interest in or to the real estate hereinafter described\",\n\nand shall recite the filing of said petition and the entry of the\n\norder setting same for hearing, and shall notify said persons of the\n\ndate, hour and place of hearing said petition and contain a\n\ndescription of the real estate described therein.\n\nSaid notice shall be published in one (1) issue of a newspaper\n\nof general circulation in said county, the date of such publication\n\nto be at least ten (10) days prior to the date set for said hearing,\n\nand at least ten (10) days prior to the date set for said hearing a\n\ncopy thereof shall be mailed to each of the heirs, devisees,\n\nlegatees and other persons interested in said real estate as named\n\nin said petition, at their respective addresses shown thereon,\n\nunless there be filed an affidavit of the petitioner, or his\n\nattorney, showing that the post office addresses of any of such\n\npersons are unknown to the petitioner or his attorney. Proofs of\n\nsuch publication and of mailing shall be filed in the district court\n\nprior to the entry of any order or decree upon said petition.\n\nUpon hearing of such petition being had, the court shall hear\n\nthe evidence and proof of death, and shall make and enter an order\n\nand decree determining the fact of the death of such life tenant or\n\njoint tenant, as the case may be, and the termination of the life\n\nestate or joint tenancy in said real property, as the case may be, a\n\ncertified copy of which decree shall be filed in the office of the\n\ncounty clerk of the county in which said real property or any part\n\nthereof is situated.\n\nSuch order or decree shall, upon entry, be conclusive of the\n\nfacts therein found as to all purchasers, encumbrancers or lienors\n\nof said real estate acquiring their titles, encumbrances or liens in\n\ngood faith, relying upon said decree.","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":"e7ec4f0c3035207451aa21570e4955c317fc0934e557fd08e47d8057873d9ae4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-91","next":"us-ok/okla.-stat.-tit.-58-58-912"},"notice":"GroundRules: Original legal text. Not legal advice."}