Probate Procedures

"LCN" is an abbreviation for a legal newspaper of the county, a phrase used in 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 consecutive 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 consecutive 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.
Petition for judicial termination of life estates or estates in joint tenancy.
58 OS 911
One   
LCN   
At least 10 days before hearing
25.
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
26.
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
27.
Application of executor, administrator or guardian to grant easement.
58 OS 932
One   
LCN    
Not less than five days prior to hearing
28.
Application to declare missing or absent persons legally dead.
58 OS 944
Once each week for three consecutive weeks LCN in county where action filed and at last location where absentee was last heard from
At least 20 days prior to hearing
29.
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
30.
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
31.
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