An act relating to probate procedure, the official text

1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4339                 By: Moore

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6                   AS INTRODUCED

7   An Act relating to probate procedure; amending 58

    O.S. 2021, Section 246, as amended by Section 1,

8   Chapter 114, O.S.L. 2025 (58 O.S. Supp. 2025, Section

    246), which relates to notice for petition for

9   summary administration; removing the publication

    requirement for certain notices and allowing a

10  publication of a combined notice; providing

    publication timeline for combined notice; and

11  providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  58 O.S. 2021, Section 246, as

16 amended by Section 1, Chapter 114, O.S.L. 2025 (58 O.S. Supp. 2025,

17 Section 246), is amended to read as follows:

18  Section 246. A. Upon the filing of the petition and combined

19 notice, the court shall dispense with the regular estate proceedings

20 prescribed by law and the court shall order notice to creditors and

21 issue an order granting final hearing upon the petition for

22 admission of the will, if any, to probate, the petition for summary

23 administration, the final accounting, and the petition for

24 determination of heirship, distribution and discharge. However,

    Req. No. 14739                                              Page 1
1 nothing in this section shall affect the lien upon any property for

2 any estate or transfer tax which may be due upon the estate of the

3 decedent.

4   B. Notice to creditors and notice of hearing upon the petition

5 for summary administration and the final accounting, determination

6 of heirship, and distribution and discharge shall be combined into

7 one notice, referred to as a "combined notice". Combined notice

8 shall be filed within five (5) days from the granting of the order

9 admitting the petition and order for combined notice. The combined

10 notice shall set forth the following:

11  1. The name, address, and date of death of the decedent;

12  2. The name and address of the petitioner;

13  3. Whether a will exists;

14  4. The name and address of the personal representative, if

15 specified;

16  5. The name and address of the heirs or devisees;

17  6. The probable value of the estate of the decedent as set

18 forth in the petition;

19  7. The date, time and place of the final hearing;

20  8. That the person receiving the notice or any interested party

21 may file objections to the petition at any time before the final

22 hearing and send a copy to the petitioner or that person will be

23 deemed to have waived any objections to the petition;

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    Req. No. 14739                                              Page 2
1   9. That if an objection is filed before the hearing, the court

2 will determine at the hearing whether the will attached to the

3 petition shall be admitted to probate, whether summary proceedings

4 are appropriate and, if so, whether the estate will be distributed

5 and to whom the estate will be distributed; and

6   10. The claim of any creditor will be barred unless the claim

7 is presented to the personal representative no more than thirty (30)

8 days following the granting of the order admitting the petition and

9 combined notice.

10  C. Within ten (10) days of the granting of the order admitting

11 the petition and combined notice, notice of the petition, notice to

12 creditors, and notice of final accounting, determination of

13 heirship, distribution and discharge The combined notice shall be

14 published once each week for two (2) consecutive weeks in a

15 newspaper that is authorized by law to publish legal notices and

16 that is published in the county where the petition is filed, and the

17 first publication of the combined notice shall appear on, or before,

18 the tenth day after the filing of the combined notice. If no

19 newspaper authorized by law to publish legal notices is published in

20 the county, the notice shall be posted in three public places in the

21 county, one of which shall be the county courthouse. Within ten

22 (10) days of the granting of the order admitting the petition and

23 combined notice, the combined notice shall be mailed to creditors of

24 the decedent as provided in Sections 331 and 331.1 of this title.

    Req. No. 14739                                                Page 3
1 Within ten (10) days of the granting of the order admitting the

2 petition and combined notice, the combined notice shall be mailed to

3 all persons interested in the estate of the decedent at their

4 respective last-known addresses.

5   D. The matter shall be set for final hearing not less than

6 forty-five (45) days following the granting of the order admitting

7 the petition and combined notice.

8   E. If there is a defect in notice or in the form of the

9 petition or if objections are filed, or for other good cause shown,

10 the hearing may be postponed to a date certain.

11  SECTION 2. This act shall become effective November 1, 2026.

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13  60-2-14739      JL  12/09/25

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    Req. No. 14739                                                 Page 4