{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-946","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-946","heading":"Hearing - Presumption of death - Search or inquiry -","body":"Decree - Issuance of letters testamentary or of administration.\n\nA. At the hearing, the court shall determine whether the\n\nabsentee is a person who is presumed to be dead. The court may\n\nreceive evidence and consider the affidavits and depositions of\n\npersons likely to have seen or heard from or know the location of\n\nthe absentee.\n\nB. If the court is not satisfied that a diligent search or\n\ninquiry has been made for the absentee, the court may order the\n\npetitioner to conduct a diligent search or inquiry and to report the\n\nresults. The court may order the search or inquiry to be made in\n\nany manner that the court determines to be advisable.\n\nC. The costs of a search ordered by the court pursuant to\n\nsubsection B of this section shall be paid by the estate of the\n\nabsentee.\n\nD. If, upon said hearing, it appears to the court, upon the\n\nevidence offered and of witnesses sworn and examined, that said\n\nperson for the estate of whom letters testamentary or of\n\nadministration is asked, has been continuously absent and\n\nunaccounted for for a period of more than seven (7) years prior to\n\nthe date of the filing of said petition, and if it shall further\n\nappear upon said hearing that the person for whom letters\n\ntestamentary or of administration is being asked is qualified, as\n\nnow provided by law, to act as such, said court shall make and enter\n\na decree declaring such person to be legally dead, and have the full\n\npower and authority to issue letters testamentary or of\n\nadministration to said person, or any other fit and proper person,\n\nand that thereafter all further proceedings upon the estate of said\n\nabsent person shall be had as provided by law, and, with the same\n\nforce and effect as if the death of said absent person had been\n\ndefinitely proven.","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":"240ae71885b764238d43cf592320c86e527e6d2c8ef0ad8b022f729a2465dda7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-945","next":"us-ok/okla.-stat.-tit.-58-58-961"},"notice":"GroundRules: Original legal text. Not legal advice."}