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SENATE FLOOR VERSION
April 8, 2025
ENGROSSED HOUSE
BILL NO. 1743 By: Harris and Moore of the
House
and
Howard of the Senate
An Act relating to probate procedure; amending 58
O.S. 2021, Section 246, which relates to petitions
for summary administration; changing time requirement
for filing combined notices; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 58 O.S. 2021, Section 246, is
amended to read as follow s:
Section 246. 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 granting final hearing upon the petiti on 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 pr operty for
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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 dis charge shall be combined into
one notice, referred to as a "combined notice". Combined notic e
shall be filed at the same time the petition for summary
administration is filed within five (5) days from the granting of
the order admitting the petition and o rder for combined notice . 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 represen tative, if
specified;
5. The name and address of the heirs or devisees;
6. The probable val ue 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 i nterested 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;
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9. That if an objection is filed before the hearing, th e court
will determine at the hearing whether the will attached to the
petition shall be admi tted 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 will be barred unless the claim
is presented to the personal representative no more than thirty (30)
days following the granting of the order admitting the petition and
combined notice.
C. Within ten (10) days of the granting o f 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
Sections 331 and 331.1 of this title. Within ten (10) days of the
granting of the order admitting the petition and combined notice,
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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.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof t his act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 8, 2025 - DO PASS