PROBATE PROCEDURES
"LCN" is an abbreviation for a legal newspaper of the county, a phrase used 25 O.S. 106

 

SUBJECT
AND CITATION

NUMBER OF TIMES PUBLISHED

WHERE
PUBLISHED

WHEN
PUBLISHED

1.

Hearing on petition for probate of will if heir, legatee, or devisee not known.

58 OS 25

One

LCN

At least 10 days before hearing

2.

Any notice involving probate procedures to be published once a week for two or more consecutive weeks.

58 OS 32

Once each week for two or more consecutive weeks

LCN

Interval between first publication and each successive publication must be not less than six days

3.

Hearing on petition for probate of another will if heir, legatee, or devisee not known.

58 OS 63

One

LCN

At least 10 days before hearing

4.

Proceedings in case of lost wills; hearing thereon if heir, legatee, or devisee not known.

58 OS 81

One

LCN

At least 10 days before hearing

5.

Petition for letters of administration if heir, legatee, or devisee not known.

58 OS 128

One

LCN

At least 10 days before hearing

6.

Notice to creditors and notice of hearing on final accounting, determination of heirship and distribution and discharge in estates under $60,000.00 may be combined in one notice.

58 OS 241

One each week for two consecutive weeks

LCN where probate is filed

Hearing set not less than 35 days after first publication

7.

Hearing on notice to creditors in summary probate administration.

58 OS 241, 246

Once each week for two consecutive weeks

LCN where petition filed

Hearing set not less than 45 days following the first publication of notice to creditors

8.

Notice by personal representatives to creditors to present claims. (Form of notice contained in 58 OS 331)

58 OS 331

One each week for two consecutive weeks

LCN where probate

is filed

Within two months after appointment of executor; First publication within 10 days after filing of notice

9.

Hearing on petition of administrator or executor to mortgage all or part of real estate.

58 OS 385c

Once each week for two consecutive weeks in weekly or 10 days in daily

LCN

At least 15 days prior to hearing

10.

Hearing on petition of guardian to mortgage all or part of real property.

58 OS 385.2

Once each week for two consecutive weeks

LCN where hearing to be held

At least 10 days prior to hearing

11.

Notice of hearing on petition to mortgage.

58 OS 386

Two weeks in weekly or 10 days in daily

LCN where hearing to be held

Prior to such hearing

12.

Notice of sale of personal property at public auction.

58 OS 391.1

One

LCN

At least 10 days prior to sale

13.

Hearing on return of sale proceedings.

58 OS 391.1

One

LCN

At least 10 days prior to hearing

14.

Notice of sale of personal property at private sale.

58 OS 391.2

One

LCN

At least 10 days prior to sale

15.

Notice of hearing or administrator’s or executor’s return of proceedings at private sale.

58 OS 391.2

One

LCN

At least 10 days prior to hearing

16.

Notice of sale of realty – order to show cause.

58 OS 414

One

LCN

At least 10 days prior to hearing

17.

Notice of sale of realty at public auction.

58 OS 421

Once each week for two consecu-tive weeks

LCN in each county in which any part of land to be sold is situated plus county where order is made

Day of sale must not be earlier than 10 days from date of first publication

18.

Notice of sale of realty at private sale.

58 OS 423

Once each week for two consecutive weeks

LCN in each county in which any part of land to be sold is situated plus county where order is made

Date for bids to be received must be at least 10 days from first publication

19.

Hearing on return of sale.

58 OS 426

One

LCN in each county in which any part of land to be sold is situated plus county where order is made

At least 10 days prior to hearing

20.

Notice of postponement of sale if postponement for more than 10 days.

58 OS 432

One

LCN where land is situated

At or after postponement

21.

Notice of petition for conveyance under contract of decedent.

58 OS 502

One

LCN in county where property located

At least 10 days prior to hearing.

22.

Date of hearing – Account for final settlement and petition for distribution.

58 OS 553

Once each week for two consecu-tive weeks

LCN

At least 10 days before hearing

23.

Hearing on petition for probate by non-residents.

58 OS 677

One

LCN

At least 20 days before hearing

24.

Notice of order distributing Oklahoma property.

58 OS 677

One

LCN

At least 20 days before hearing

25.

Petition for judicial termination of life estates or estates in joint tenancy.

58 OS 911

One

LCN

At least 10 days before hearing

26.

Petition of executor, administrator or guardian to execute oil and gas or other mining leases.

58 OS 925

One

LCN in county where court located and in LCN in county where land located

At least five days before sale

27.

Notice of application for approval of sale of oil and gas or other mining leases by administrator, executor or guardian.

58 OS 929.3

One

LCN

10 days before hearing

28.

Application of executor, administrator or guardian to grant easement.

58 OS 932

One

LCN

Not less than five days prior to hearing

29.

Application to declare missing or absent persons legally dead.

58 OS 944

Once each week for three consecu-tive weeks

LCN in county where action filed and at last location where absentee was last heard from

At least 20 days prior to hearing

30.

Notice of petition by executor, administrator or guardian to lease business property.

58 OS 962

For not less than three consecutive weeks

LCN

Three consecutive weeks prior to such hearing

31.

Advertisement of business property for lease after approval by court at hearing.

58 OS 962

For not less than three consecutive weeks

LCN

Not less than three weeks prior to date proposed leases to be presented to court

32.

Notice of filling of petition for execution of supervised power of attorney.

58 OS 1063

At least once

LCN where petition is filed

At least 10 days prior to the date set by the court for hearing

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