INSTRUCTIONS
SUMMARY ADMINISTRATION
OKLAHOMA STATUTES, Title 58, Chapter 3 “Summary Administration”
INCLUDED:
Form One – Petition for Summary Administration
Form Two – Combined Notice and Order of Hearing
Form Three - Probate Cover Sheet
Applicable Oklahoma Statutes
STEP One: Complete Petition for Summary Administration
I. Select the qualifying condition or category that qualifies the Estate for
Summary Administration.
II. Make a brief statement of Petitioner’s interest in the Estate.
III. Insert the decedent’s full name and any known aliases or other names
used by the decedent. List all names under which the decedent own
property, incurred bills and obligations, married, etc.
IV. Insert the date decedent died.
V. Decedent’s date of birth and age at the time of death.
VI. Here you must indicate by filling the appropriate box whether the
decedent died Intestate (without a valid will) or testate (leaving a valid
will). If the decedent left a will, you must attach the original or a certified
of the will to the Petition. If Intestate, fill the appropriate box, after a
diligent effort is made to locate any possible will-family lawyers, family
bible. Keep notes as to the nature and extent of the search for use at any
subsequent court hearing.
VII. To the extent known, list the names, ages and last-known addresses of
the administrators, executors, non-petitioning co-nominees, heirs,
legatees and devisees of the decedent.
VIII. After a diligent search to determine the decedent’s creditors, list the
names and last-known addresses of all known creditors of the decedent.
IX. Describe in detail the character and nature of all real and personal
property owned by the decedent at the time of death and estimate the
probable value.
X. Note whether or not an application or petition for the appointment of a
personal representative is or is not pending in any jurisdiction.
XI. In the Prayer for relief, note all items of relief you are seeking. In most
cases, this means fill in all the boxes.
XII. Sign the form in the presence of a notary and have the notary witness
your signature.
STEP TWO: Complete the Combined Notice and Order of Hearing to the extent you
have that information.
STEP THREE: Contact the nearest District Court to the decedent’s residence and
determine the appropriate fee and mailing address through the Office of the Clerk of the
District Court. Send the Original and two (2) copies of the Petition, a check for the fee,
a stamped self address envelope, and a very basic letter to the Clerk of The District
Court noting the enclosures and requesting one copy of all documents be stamped filed
and returned in the self-addressed envelope. Retain a complete set of all documents
for your records.
STEP FOUR: Once the Court has informed you of the date of the Hearing and
returned a copy of the Combined Notice and Order of Hearing, notice to creditors must
be given by publication in some newspaper in the county in which the probate is filed
once each week for two (2) consecutive weeks, and by mail to all known creditors of the
decedent and to all parties interested in the decedent’s estate, i.e. the individuals and
businesses listed in items 7 and 8 of the Petition for Summary Administration, at their
respective last-known available addresses.
STEP FIVE: Attend the hearing and receive the Order of the Court enumerating the
relief ordered.
STEP SIX: A certified copy of the order or a notice of the order as set forth in Section
711 of Title 58 of the Oklahoma Statutes shall be filed and recorded in the records of
the county clerk in any county where real property in which the decedent had any right,
title, or interest is located.
STEP SEVEN: Print Form Three – Probate Cover Sheet.
IN THE DISTRICT COURT IN AND FOR __________________ COUNTY
STATE OF OKLAHOMA
IN THE MATTER OF:
__________________ CASE NO.
PETITION FOR SUMMARY ADMINISTRATION
____________________________________ on oath states:
1. The estate qualifies for Summary Administration pursuant to 58 O.S. § 245 (OSCN
1999) in that the following condition is satisfied:
The value of the estate is less than or equal to Two-Hundred Thousand Dollars
($200,000.00);
The decedent has been deceased for more than five (5) years; or
The decedent resided in another jurisdiction at the time of death.
2. The interest of the Petitioner is
____________________________________________________________
3. The decedent's name is ____________________________________ .
4. The decedent died on the ______ day of __________________ , 20 ______ .
5. The decedent was born on the ______ day of __________________ , 20 ______ . At
the time of death the decedent was __________________ years of age.
6. The decedent died:
Testate and the original, or a certified true copy of the will of the
decedent is attached hereto, and
a. The Petitioner, to the best of the knowledge of Petitioner, believes the will to
have been validly executed, and
b. After the exercise of due diligence, the Petitioner is unaware of any
instrument revoking the will, and the Petitioner believes that the instrument
attached to this application is the decedent’s last will; and
c. The will attached hereto has has not been admitted to probate in any
other jurisdiction.
or
Intestate and Petitioner has conducted a diligent and unsuccessful search for
decedent’s will.
7. The names, ages and last-known addresses of the administrators, executors, non-
petitioning co-nominees, heirs, legatees and devisees of the decedent, so far as known
to the petitioner, are:
Name Age Last known address
8. The petitioner has exercised due diligence in determining the identities, last-known
addresses and claims of the decedent's creditors. The names and last-known
addresses of all known creditors of the decedent are:
Name Last known address
9. The probable value and character of the property of the estate and the legal
description of all real property owned by the decedent in Oklahoma is as follows:
Probable Value Character Legal Description
10. An application or petition for the appointment of a personal representative
is is not pending or has has not been granted in any jurisdiction; and
11. A final accounting pursuant to Section 541 of Title 58 of the Oklahoma Statutes
is not is waived.
PETITIONER PRAYS that the Court grant the following relief:
Admit the attached will to probate;
Appoint the Petitioner as personal representative;
Determine the heirs, devisees and legatees of the decedent
Approve the final account
To distribute the property of the estate
To discharge the personal representative
Respectfully submitted,
Date:______________
Petitioner/Attorney
Type or Print Name
STATE OF __________________
COUNTY OF _______________________
Before me, a Notary Public, in and for said county and state, on this ____ day of
_____________, 20 ___, personally appeared James Doe, to me known to be the
identical person who subscribed the name of the maker thereof and acknowledged to
me that he/she executed the same as his/her free and voluntary act and deed for the
uses and purposes therein set forth.
Subscribed and sworn to before me this ____ day of _________________,
20____.
Notary Public
My commission expires:
Type or Print Name
IN THE DISTRICT COURT IN AND FOR __________________ COUNTY
STATE OF OKLAHOMA
IN THE MATTER OF:
__________________ CASE NO.
COMBINED NOTICE AND ORDER OF HEARING
(For Publication)
BY ORDER OF THE DISTRICT COURT IN AND FOR THE COUNTY OF
__________________ , OKLAHOMA:
NOTICE IS HEREBY GIVEN that, ______________________________ , has been
appointed personal representative (administrator) of the estate of
________________________ . The Court will hold a hearing on the ______ day of
__________________ , 20 ______ , at ____________ ______ M, in Courtroom No.
______ , 1.5 Courthouse at which time the Court will consider the following:
I. Admission of the will to probate
II. Petition for Summary Administration
III. The Final Accounting
IV. Petition for Determination of Heirship, Distribution and Discharge
The following information is provided to interested parties:
1. The name, address of the decedent is
________________________________ , and date of death of the decedent is
________________________________ .
2. The name and address of the petitioner is
________________________________ .
3. A will does does not exist.
4. The name and address of the personal representative, if specified, is
________________________________ .
5. The name and address of the heirs or devisees are:
Name Last known address
6. The probable value of the estate of the decedent as set forth in the petition is
________________________________ .
7. The date, time and place of the final hearing is
________________________________ .
The person receiving the notice or any interested party may file objections to the
petition at any time before the final hearing and send a copy to the petitioner or that
person will be deemed to have waived any objections to the petition.
if an objection is filed before the hearing, the court will determine at the hearing whether
the will attached to the petition shall be admitted to probate, whether summary
proceedings are appropriate and, if so, whether the estate will be distributed and to
whom the estate will be distributed.
All creditors having claims against the said deceased are required to present
their claims, with a description of all security interests and other collateral (if any) held
by each creditor with respect to such claim, to the named personal representative at
________________________ (address of personal representative or attorney for the
representative) on or before the following presentment date: __________________ ,
20 ______ , or the same will be forever barred. (Presentment date is .no more than thirty
(30) days following the filing of the petition and combined notice.)
DATED this ______ day of __________________ , 20 ______ .
___________________________________________
Personal Representative for the Estate of:
__________________________________________
OR
___________________________________________
Attorney for Representative
___________________________________________
Judge
Oklahoma Statutes
58 O.S. § 245 (OSCN 1999)
Title 58. Probate Procedure,
Chapter 3
§215. Duties of Special Administrator.
A. The special administrator must collect and preserve for the executor or administrator
all the goods, chattels, debts and effects of the decedent, all incomes, rents, issues and
profits, claims and demands, of the estate, must take the charge and management of,
and enter upon and preserve from damage, waste and injury, the real estate, and for
such and all other necessary purposes may commence and maintain or defend suits
and other legal proceedings, as an administrator; he may sell such perishable property
as the district court may order to be sold, and exercise such other powers as are
conferred upon him by his appointment, but in no case is he liable to an action by any
creditor on a claim against the decedent. He may obtain leave to borrow money, or to
lease or mortgage real property, in the same manner as a general administrator.
B. If an executor or administrator is not appointed within sixty (60) days following the
appointment of a special administrator, upon application to and approval by the court,
the special administrator may, as provided by statute, give notice to creditors and, upon
receipt of creditor's claims as required by statute, pay, with the approval of the probate
court, such claims.
§245. Filing of Petition for Summary Administration - Requirements of Filing and
Petition.
A. A petition for summary administration may be filed by any person interested in an
estate that meets one of the following conditions:
1. The value of the estate is less than or equal to Two-Hundred Thousand Dollars
($200,000.00);
2. The decedent has been deceased for more than five (5) years; or
3. The decedent resided in another jurisdiction at the time of death.
B. The petition shall set forth the following:
1. A statement of the interest of the petitioner;
2. The name, age and date of death of the decedent, and the county and state of
the decedent's domicile at the time of death;
3. If the decedent died testate, the original or certified copy of the will of the
decedent shall be attached to the petition, together with a statement that:
a. the petitioner, to the best of the knowledge of the petitioner, believes the will
to have been validly executed,
and
b. after the exercise of due diligence, the petitioner is unaware of any
instrument revoking the will, and that the petitioner believes that the instrument
attached to the application is the decedent's last will;
4. Whether the will attached to the petition has been admitted to probate in any
other jurisdiction;
5. If the decedent died intestate, the petitioner shall state that the petitioner has
diligently searched for and failed to find a will;
6. The names, ages and last-known addresses of the administrators, executors,
non-petitioning co-nominees, heirs, legatees and devisees of the decedent, so far
as known to the petitioner;
7. The names and last-known addresses of all known creditors of the decedent.
The petitioner shall state that the petitioner has exercised due diligence in
determining the identities, last-known addresses and claims of the decedent's
creditors;
8. The probable value and character of the property of the estate and the legal
description of all real property owned by the decedent in Oklahoma;
9. Whether an application or petition for the appointment of a personal
representative is pending or has been granted in any jurisdiction;
10. A statement of the relief requested, which may include a prayer for the court
to admit the will, if any, to probate, to appoint the person requested in the petition
as personal representative, to determine the heirs, devisees and legatees of the
decedent, to approve the final account, to distribute the property of the estate and
to discharge the personal representative; and
11. A waiver of the final accounting pursuant to Section 541[-541] of this title, if
applicable.
C. The petition shall be verified by the petitioner or signed by the attorney for the
petitioner.
D. The court, without a hearing, shall issue letters of special administration to the
person requested in the petition if the petition is in proper form and:
1. The proposed personal representative is named as personal representative in
the will;
2. The proposed personal representative has prior light to appointment; or
3. The petition is accompanied by a waiver of all persons entitled to letters
testamentary and all persons with a prior light of appointment.
The special administrator shall have the powers set forth in subsection A of Section 215
of Title 58 of the Oklahoma Statutes. The court, in its discretion, may require a bond.
§246. Summary Administration - Petition - Notice - Hearing.
A. Upon the filing of the petition and combined notice, the court shall dispense with the
regular estate proceedings prescribed by law and the court shall order notice to
creditors and issue an order for granting final hearing upon the petition for admission of
the will, if any, to probate, the petition for summary administration, the final accounting,
and the petition for determination of heirship, distribution and discharge. However,
nothing in this section shall affect the lien upon any property for any estate or transfer
tax which may be due upon the estate of the decedent.
B. Notice to creditors and notice of hearing upon the petition for summary
administration and the final accounting, determination of heirship, and distribution and
discharge shall be combined into one notice, referred to as a "combined notice".
Combined notice shall be filed at the same time the petition for summary administration
is filed. The combined notice shall set forth the following:
1. The name, address, and date of death of the decedent;
2. The name and address of the petitioner;
3. Whether a will exists;
4. The name and address of the personal representative, if specified;
5. The name and address of the heirs or devisees;
6. The probable value of the estate of the decedent as set forth in the petition;
7. The date, time and place of the final hearing;
8. That the person receiving the notice or any interested party may file objections to
the petition at any time before the final hearing and send a copy to the petitioner or that
person will be deemed to have waived any objections to the petition;
9. That if an objection is filed before the hearing, the court will determine at the
hearing whether the will attached to the petition shall be admitted to probate, whether
summary proceedings are appropriate and, if so, whether the estate will be distributed
and to whom the estate will be distributed; and
10. The claim of any creditor not shown in the petition will be barred unless the claim
is presented to the personal representative no more than thirty (30) days following the
the granting of the order admitting the petition and combined notice.
C. Within ten (10) days of the granting of the order admitting the petition and combined
notice, notice of the petition, notice to creditors, and notice of final accounting,
determination of heirship, distribution and discharge shall be published once each week
for two (2) consecutive weeks in a newspaper that is authorized by law to publish legal
notices and that is published in the county where the petition is filed. If no newspaper
authorized by law to publish legal notices is published in the county, the notice shall be
posted in three public places in the county, one of which shall be the county
courthouse. Within ten (10) days of the granting of the order admitting the petition and
combined notice, the combined notice shall be mailed to creditors of the decedent as
provided in Section Sections 331 and 331.1 of Title 58 of the Oklahoma Statutes this
title. The Within ten (10) days of the granting of the order admitting the petition and
combined notice, the combined notice shall be mailed to all persons interested in the
estate of the decedent at their respective last-known addresses
D. The matter shall be set for final hearing not less than forty-five (45) days following
the granting of the order admitting the petition and combined notice.
E. If there is a defect in notice or in the form of the petition or if objections are filed, or
for other good cause shown, the hearing may be postponed to a date certain.
§247. Objections - Petition for Summary Administration - Order.
A. At the hearing, the court shall hear objections from all persons who timely filed
objections. If the court determines that summary proceedings are appropriate, the court
may, after proof of payment of funeral expenses, expenses of last sickness and of
administration and allowed claims, issue an order approving the petition for summary
administration, finding that the will has been proved as required by law, admitting the
will attached to the petition to probate, 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.
B. The order of the court shall have the same force and effect as a final decree or order
rendered in any other proceeding provided in this title for distribution of the estate of a
decedent. A certified copy of the order or a notice of the order as set forth in Section
711 of Title 58 of the Oklahoma Statutes shall be filed and recorded in the records of
the county clerk in any county where real property in which the decedent had any right,
title, or interest is located.
Chapter 7
§331. Notice to Creditors to Present Claims.
Every personal representative must, unless the notice has been given by a special
administrator as provided in Section 215 of this title, within two (2) months after the
issuance of his letters, file notice to the creditors of the decedent stating that claims
against said deceased will be forever barred unless presented to such personal
representative, at the personal representative's place of residence or business, or at
the place of business of the attorney for the personal representative, as specified in the
notice, by the presentment date stated in the notice. The presentment date shall be a
date certain which is at least two (2) months following the date said notice is filed, and
the first publication of said notice shall appear on or before the tenth day after the filing
of said notice.
If the presentment date stated is a Saturday, Sunday, or legal holiday, the presentment
date shall be deemed to be the next succeeding day which is not a Saturday, Sunday,
or legal holiday. The notice to creditors shall be given by publication in some
newspaper in the county in which the probate is filed once each week for two (2)
consecutive weeks, and by mail to all known creditors of the decedent at their
respective last-known available addresses, in accordance with Section 6 of this act.
The notice shall be substantially in the following form:
All creditors having claims against A B, deceased, are required to present the
same, with a description of all security interests and other collateral (if any) held
by each creditor with respect to such claim, to the named personal
representative at ______ (address
of the personal representative or attorney for the personal representative) on or
before the following presentment date: _________________, or the same will be
forever barred.
C D, Personal Representative
for the Estate of A B, deceased.
or
E F, Attorney for Personal Representative
Dated ________________, 20__.
Provided, that in all proceedings wherein the decedent has been dead for a period of
more than five (5) years prior to the commencement of a probate proceeding for said
decedent's estate, or where regular proceedings have been dispensed with pursuant to
Section 241 [58-241] of this title, the presentment date may be stated to be a date
certain (subject to the above
provisions regarding the stating of the presentment date as a Saturday, Sunday, or
legal holiday) which is at least one (1) month following the date said notice is filed with
the district court clerk for the county in which the probate is pending, and the first
publication of said notice shall appear on or before the tenth day after the filing of said
notice with said district court clerk.
§331.1. Known Creditors - Probate.
A. As used in this act, "known creditors", and related or similar references shall mean
those creditors of the decedent actually known to the personal representative or
reasonably ascertainable by the personal representative as of the date notice to
creditors is filed. "Reasonably ascertainable creditors" shall be those whose identities,
last-known addresses and claims can be determined by reasonably diligent efforts of
the personal representative. If reasonable under the circumstances, such efforts shall
include the personal representative's conducting a search after the decedent's death
and prior to the filing of the notice to creditors, of the personal effects of the decedent.
B. The filing of the affidavit provided for in Section 332 of Title 58 of the Oklahoma
Statutes shall constitute an affirmation by the personal representative that reasonably
diligent efforts have been made by the personal representative to determine the
identities, last-known addresses and claims of the decedent's creditors in accordance
with this section.
C. As used in this act, "probate", and related or similar references, include both probate
and administration proceedings.
Chapter 12
§711. Decrees Affecting Land Must Be Recorded.
When a judgment or decree is made, setting apart and defining the homestead,
confirming a sale, making distribution of real property, or determining any other matter
affecting the title to real property, a certified copy of the same must be recorded in the
office of the county clerk of the county in which the real property is situated. A certified
copy of any such judgment or decree may be made by the court clerk as to real
property in any one county without including therein the description of lands located in
any other county, such certificate reciting that the same is a true copy of such
instrument insofar as the same relates to real property in such county. Instead of filing
the judgment or decree in the office of the county clerk where the real property
described in the judgment or decree is located, a notice of the judgment or decree may
be filed in the office of the county clerk of any county where the real property described
in the judgment or decree is located. The notice shall provide the name of the decedent
in the probate proceeding, the court, case number, the date that the judgment or
decree was entered, a legal description of the real property located in the county where
the notice is to be filed without including the description of real property located in any
other county, and. the name and address of the party or parties holding title to such real
property as set forth in the judgment or decree.
FOR INTERNAL USE ONLYTHIS SHEET WILL NOT BECOME PART OF THE PUBLIC RECORD, AND WILL BE USED FOR INTERNAL CASE TRACKING
PURPOSES.
PROBATE COVER SHEET
IN THE DISTRICT COURT OF COUNTY, STATE OF OKLAHOMA
IN THE MATTER OF : PB
PG
PC
PT
PMI
FA
CASE NO.
AI
PARTY INFORMATION THE INFORMATION BELOW IS REQUIRED OF EACH PARTY IN THE CASE .
PARTY TYPE : PETITIONER RESPONDENT OTHER COMPANY OR LAST NAME FIRST NAME MIDDLE NAME PREFIX (MR., ETC .) SUFFIX (SR., ETC .)
STREET ADDRESS
ADDRESS TYPE HOME W ORK
OTHER DRIVERS LICENSE # (F EDERAL TAX ID FOR CORPORATE OR ENTITY PARTIES )
CITY STATE ZIP TELEPHONE DATE OF BIRTH DRIVERS LICENSE STATE
ATTORNEY INFORMATION
IF LICENSED IN OKLAHOMA , FILL IN ADDRESS INFORMATIONONLY IF IT NEW SINCE THEY WERE REGISTERED WITH THE OKLAHOMA BAR ASSOCIATION . A TTACH ADDITIONAL COVER SHEETS FOR ADDITIONAL ATTORNEYS . A LL ATTORNEYS SHOULD BE LISTED . NOTE: A DDRESS CHANGES ARE EFFECTIVE IN ALL OCIS COUNTIES . COMPANY OR LAST NAME FIRST NAME MIDDLE NAME PREFIX (MR., ETC .) SUFFIX (SR., ETC .)
STREET ADDRESS
ADDRESS TYPE HOME W ORK
OTHER EMAIL ADDRESS
CITY STATE ZIP TELEPHONE BAR NUMBER AND STATE
SERVICE INFORMATION
NOTICE TO BE SERVED BY :
S HERIFF OF C OUNTY P ROCESS SERVER P UBLICATION
BY H AND R EGISTERED M AIL G IVEN TO THE A TTORNEY OF R ECORD O THER
ORIGINAL ACTION FOR ( CHECK ONE )
PROBATE OF WILL
PROBATE OF WILL AND DETERMINATION OF HEIRS
SUMMARY ADMINISTRATION
ANCILLARY PROBATE
LETTERS OF ADMINISTRATION
LETTERS OF ADMINISTRATION AND DETERMINATION OF HEIRS
DETERMINATION OF DEATH AND TERMINATION OF JOINT
TENANCY
ADMINISTRATION OF ESTATE
APPROVAL OF CONVEYANCE OF INDIAN LAND
APPOINTMENT OF CONSERVATOR
APPOINTMENT OF GUARDIAN
PROTECTIVE SERVICES TO THE ELDERLY
ADOPTION
TERMINATION OF PARENTAL RIGHTS FOR THE PURPOSES OF
ADOPTION
CONSENT TO ARTIFICIAL INSEMINATION
POWER OF ATTORNEY
DISCLAIMER SAFEKEEPING OF WILLS
TRUSTS
RELIEF INVOLVES (check all that apply):
APPOINTMENT OF PERSONAL REPRESENTATIVE
ADMISSION OF NEW WILL TO PROBATE
LOST WILL
ORDER FOR SALE
SALE OF PERSONAL PROPERTY
CONVEYANCE OF REALTY
AUTHORIZATION OF OIL AND GAS LEASE
AUTHORITY TO EXTEND MORTGAGE
APPOINTMENT OF GUARDIAN
FILINGS AFTER CONCLUSION OF ORIGINAL ACTION (check all that apply):
CONTEST OF WILL AFTER PROBATE
DISPOSITION OF MONIES DUE MINOR WITHOUT GUARDIAN
O THER
O THER
O THER
THIS COVER SHEET IS REQUIRED TO BE SUBMITTED BY ALL PARTIES WITH THEIR INITIAL FILING . T HIS DOCUMENT IS REQUIRED BY
SUPREME COURT ADMINISTRATIVE DIRECTIVE SCAD-2009-101.
Promulgated by the Oklahoma Administrative Office of the Courts Revision
12/10/2009
