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Oklahoma Ancillary Probate
Support GuideOklahoma34 min read

Oklahoma Ancillary Probate

Oklahoma ancillary probate: 58 O.S. 677 passes title to Oklahoma property owned by a nonresident on certified copies from the home-state case.

By Settled Editorial

Oklahoma answers the out-of-state estate with a petition rather than a second full probate. 58 O.S. § 677 passes title to Oklahoma property owned by a nonresident on certified copies of the domiciliary will, the order admitting it to probate, and the order distributing the estate. One hearing, twenty days of notice, and the district court enters an order distributing the Oklahoma property.

Two families read this page. One lives in Texas, Kansas or California and just learned a parent's estate includes an Oklahoma quarter section, a rent house, or a royalty check that keeps arriving. The other settled an Oklahoma estate and found land across a state line, which that state's court handles under its own statutes. The Oklahoma half of both stories runs through Title 58, and the district court in all 77 counties is the only probate forum. Start with how Oklahoma probate works if nothing is open anywhere yet. This page describes Oklahoma law broadly rather than advising on one estate.

The Oklahoma routeWhat it takesStatute
Nonresident petition to pass titleCertified copies of the domiciliary will, the order admitting it, and the order distributing the estate, plus the domiciliary representative's creditor affidavit58 O.S. § 677
Summary administrationOpen to a nonresident decedent by name, with no dollar ceiling on that condition; special administrator letters without a hearing; 30-day creditor window58 O.S. §§ 245-247
Foreign will allowed and recorded hereCertified copy of the will and the decree admitting it, then the § 241 or § 245 procedure regardless of value58 O.S. §§ 51-53, § 52(B)
Suing, defending, releasing a mortgageA certified copy of the home-state letters and no Oklahoma case at all58 O.S. § 262
Small estate affidavit$50,000 of Oklahoma property, 10 days after death, no probate open anywhere58 O.S. § 393

Why Oklahoma Gets a Say

Land answers to the law of the place it sits. A judge in Wichita cannot move a deed in Garfield County, and an Oklahoma judge cannot move a deed in Kansas. That boundary is the reason ancillary administration exists anywhere.

58 O.S. § 1(A) gives the district court probate jurisdiction, and paragraph 1 of that subsection names the power to allow and record foreign wills alongside the power to admit an original one. Subsection C goes further and grants the same court unlimited concurrent jurisdiction to decide in whom title to any property is vested, whether real, personal, tangible or intangible, and whether that property is even subject to the estate. An out-of-state family fighting about who owns an Oklahoma royalty gets that question answered in the same case.

What usually pulls a family here:

  • Oklahoma real estate held in the decedent's sole name, from a Tulsa duplex to a Beaver County wheat section
  • Severed mineral, royalty or working interests, which almost never show up in the home-state inventory
  • An Oklahoma bank or credit union account, or a brokerage account with an Oklahoma address on file
  • Farm equipment, a vehicle, or personal property sitting on Oklahoma land

Do you need probate in Oklahoma?

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Pick One County, and It Runs the Whole Oklahoma Estate

58 O.S. § 5(2) sets venue for a decedent who died while not an Oklahoma resident. Venue is first the county where the decedent died leaving an estate there, second any county holding part of the estate where the decedent died out of state or died here without leaving an estate in the county of death, and third the county of death where no Oklahoma estate exists at all. Most families reading this land on the second rung: the county where the property sits.

Then two short sections do the heavy lifting. 58 O.S. § 6 says that when a nonresident decedent's estate is in more than one county, the district court where the application is filed first has exclusive jurisdiction of the settlement. 58 O.S. § 7 makes that court's jurisdiction coextensive with the state for settling the estate and selling and distributing the real estate, and it excludes the district court of every other county.

Read together, they answer the question families with scattered minerals ask most. Interests in six counties do not mean six cases. They mean one case, filed in whichever qualifying county you choose, and then a certified copy of the decree recorded with the county clerk in each county where real property lies. 58 O.S. § 711 sets that recording step out and lets the court clerk certify a copy covering only the land in one county, or lets you record a short notice naming the decedent, the court, the case number, the date of the decree, the legal description in that county, and the new title holders. Addresses and phone numbers for each courthouse sit in our Oklahoma district courts by county directory.

The Section 677 Petition, Step by Step

Here is the sequence when the home-state case has finished.

  1. Let the domiciliary case reach distribution. Section 677(A) asks for a certified copy of the will, a certified copy of the order admitting it to probate, and a certified copy of the order distributing the estate. An intestate death substitutes certified copies of the order appointing the personal representative and the order distributing the estate.
  2. Order certified copies, not photocopies. The clerk in the home-state court issues them. Get one set per Oklahoma county holding real property, plus a spare for the title company.
  3. Write the petition. Section 677(B) lists seven items: the jurisdictional facts, whether the person named as personal representative consents or renounces or whether one is even needed, a statement about waiver in favor of an Oklahoma resident if the domiciliary representative renounces, the names, ages and residences of the heirs, legatees and devisees, the description, probable value and character of the Oklahoma property, the name and address of anyone for whom letters are prayed, and the creditor affidavit described next.
  4. Handle Oklahoma creditors. The petition carries an affidavit from the domiciliary personal representative that notice went to all creditors, including Oklahoma creditors known or reasonably ascertainable, as the domiciliary state requires. Where the home state has no procedure for mailing notice to Oklahoma creditors, you either give notice under 58 O.S. §§ 331 through 351 or file an affidavit that no Oklahoma creditor is known or reasonably ascertainable.
  5. File, and take the hearing date. Section 677(D) has the court set the matter no sooner than 20 days out, requires publication of a notice one time at least 20 days before the hearing, and requires mailed notice to every devisee, legatee and heir at law at least 20 days ahead. Publication covers anyone whose address is unknown.
  6. The unopposed order. Under section 677(E), when no interested party or creditor files a written objection by the hearing date, the court enters an order distributing the Oklahoma property under the will, or under Oklahoma intestate succession if the decedent left no will.
  7. Record it. Take a certified copy of that order, or a § 711 notice of it, to the county clerk in each county where the real property lies.

An objection changes the shape of the case rather than ending it. Section 677(F) has the court decide whether the objection has merit. Merit means the court appoints a personal representative and the proceeding runs like any Oklahoma estate. A withdrawn objection, or one the court finds meritless, produces the same distribution order, and that order is appealable to the Oklahoma Supreme Court. Section 677(G) lets the court move an objection hearing to a later date, requires it on the objecting party's request, and caps the delay at 30 days from the original setting absent good cause.

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When the Home-State Case Is Still Open

Section 677(I) covers the family that cannot wait. File the petition without the distribution order attached, and the court takes one of two paths. It can appoint a personal representative at the hearing and administer the Oklahoma property under the rules for an Oklahoma resident's estate. Or it can enter an order holding the case still until the domiciliary estate closes, at which point you file the certified distribution and heirship order and the court sets a hearing at least 20 days out, with mailed notice to the devisees, legatees and heirs named in the will and the heirship order, and publication at least 20 days ahead for anyone whose address is unknown.

That second path is worth asking for by name. It parks the Oklahoma file, protects the venue you picked, and costs one filing fee.

Summary Administration Names Nonresidents Outright

58 O.S. § 245(A) opens summary administration to an estate meeting any one of three conditions: value at or under $300,000, a decedent dead more than five years, or a decedent who resided in another jurisdiction at the time of death. The third condition carries no dollar ceiling. A nonresident's Oklahoma estate qualifies on residence alone.

58 O.S. § 52(B) reinforces the point from the will side: regardless of the value of the estate, any will admitted to probate in another jurisdiction may be admitted to probate here and administered under the § 241 or § 245 procedures. 58 O.S. § 51 allows the foreign will to be recorded in the district court of any county where the testator left an estate or an estate for which claim is made, and 58 O.S. § 53 admits it once the record shows it was proved elsewhere and executed under the law of the place it was made, the law of the testator's domicile, or Oklahoma's own will rules. Admitted that way, the will has the same force as one first probated here, and letters issue on it.

The § 245 sequence is fast by design:

  • The court issues letters of special administration without a hearing when the petition is in proper form and the proposed representative is named in the will, holds prior right, or files waivers from everyone ahead. § 245(D)
  • A combined notice covering the petition, the creditors, the final accounting, heirship, distribution and discharge is filed within 5 days of the order. § 246(B)
  • Within 10 days of that order, the notice starts publishing once each week for two consecutive weeks in a legal newspaper in the county, and goes by mail to the decedent's creditors and to everyone interested in the estate. § 246(C)
  • Creditors are barred unless they present claims to the personal representative no more than 30 days after the order granting the petition and combined notice. § 246(B)(10)
  • The final hearing is set no sooner than 45 days after that order. § 246(D)
  • One order at that hearing admits the will, allows the accounting, determines heirship, distributes the property and discharges the representative, and it carries the force of a final decree. A certified copy or a § 711 notice gets recorded with the county clerk in every county holding real property. § 247

More on how the claim window behaves sits in the Oklahoma creditor claims guide.

Choosing Between the Two Routes

Both end in a recordable order. They differ in what they need from you.

  • Section 677 needs a finished home-state case and no Oklahoma personal representative. Creditor protection rides on the domiciliary representative's affidavit. Pick it when the domiciliary court has already determined the heirs and distributed, and nobody is fighting.
  • Sections 245 to 247 need no home-state case at all. They appoint an Oklahoma special administrator who can sell, sign and collect, and they run a real Oklahoma creditor bar. Pick it when nothing was ever opened at the domicile, when an Oklahoma sale has to close inside the case, or when a creditor question needs to be shut in Oklahoma rather than argued later.
  • Section 262 needs neither. It is the lawsuit and mortgage-release lane, described below.
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Inherited Oklahoma Minerals

The mineral docket has its own rhythm, because a royalty interest can sit unnoticed for a generation and then surface when a purchaser runs title.

58 O.S. § 393(D) lets any person claiming through the deceased owner of a severed mineral interest, immediately or remotely, record an affidavit of death and heirship with the county clerk where the interest is located. Under 16 O.S. §§ 82 and 83 the recorded facts carry a rebuttable presumption of truth as they relate to the mineral interest, the death, and the relationships, family history and heirship stated.

Marketable title is a separate and slower question. 16 O.S. § 67(C) grants it only when five things line up: the affidavit states the decedent died without a will, or attaches a will never probated in Oklahoma, or attaches the will and final decree showing the mineral interest was omitted; it lists the heirs and their relationship to the decedent; it states the maker is related to the decedent or has personal knowledge; it has been of record ten years in the county clerk's office; and no instrument inconsistent with the alleged heirship was filed during those ten years. Section 67 also does not run against a person in possession of the land.

So the affidavit is a real tool with a ten-year fuse. A probate order under § 677 or § 247 clears the same title now, which is why an operator, a purchaser or a title examiner asks for one on a large interest.

Two statutory details reward the old mineral estate:

  • Five years dead shortens the creditor window. 58 O.S. § 331 normally makes the presentment date at least two months after the notice is filed. Where the decedent has been dead more than five years before the probate started, or regular proceedings were dispensed with under § 241, the presentment date may be set at least one month out instead.
  • The old estate tax lien is gone. 68 O.S. § 804.1 says that for deaths on or after January 1, 2010, no lien related to estate tax attaches to property passing through an estate, by joint tenancy or otherwise, and no order exempting estate tax liability is needed to release property or make real property title marketable. For a death before 2010, the lien is extinguished ten years after the date of death, again with no exempting order required.

Once title is clear, the sale itself runs on Oklahoma's confirmation rules. Those are in selling inherited property in Oklahoma.

What a Home-State Executor Can Do Without Any Oklahoma Case

58 O.S. § 262 is the section out-of-state executors keep missing. A person holding letters testamentary or of administration granted by the proper authority in any state or territory may maintain or defend a suit and prosecute and recover a claim in Oklahoma courts, in the same manner as if the letters had issued here. The letters, or a copy certified under the seal of the granting authority, are sufficient evidence of the grant. The court may require security on motion, the way it would from a resident representative. The same section lets that executor release an Oklahoma mortgage by filing a properly certified showing of the appointment with the county clerk of the county where the mortgage is recorded.

What § 262 does not do is convey Oklahoma real estate or hand the executor an Oklahoma deed. Title still moves through a court order or an affidavit route.

The small estate affidavit is the other courthouse-free path, and its measure is friendlier than most states. 58 O.S. § 393(A) counts only the fair market value of property located in this state owned by the decedent and subject to disposition by will or intestate succession, less liens and encumbrances, and asks whether it exceeds $50,000. A paid-off house in the decedent's home state does not count against that ceiling. The affidavit works 10 days after death, reaches a debt owed to the decedent, tangible personal property, and an instrument evidencing a debt, obligation, stock, chose in action or stock brand, and binds transfer agents and title-registering officials under subsections B and C.

Read condition 2 before you build a plan on it. The affidavit requires that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. The home-state probate that made you executor closes this route by existing. Families reach for the affidavit and the open domiciliary case defeats it, which is the single most common misfire on this topic.

Joint tenancy has its own paperwork. 58 O.S. § 912 lets a surviving joint tenant, or that survivor's personal representative or attorney in fact, terminate the deceased joint tenant's interest by filing with the county clerk a certified death certificate and an affidavit describing the property, identifying the recorded document that created the joint tenancy by book and page, and confirming the decedent and the named joint tenant are the same person. The statute accepts a death certificate issued by the State Department of Health or the comparable agency of the place of death, so an out-of-state certificate works.

Deadlines That Catch Out-of-State Families

DeadlineLengthStatute
Custodian delivers the will to the district court or the named executor30 days after learning of the death58 O.S. § 21
Personal representative files the notice to creditors2 months after letters issue58 O.S. § 331
Routine creditor presentment dateAt least 2 months after the notice is filed58 O.S. §§ 331, 333
Presentment date when the decedent died more than 5 years ago, or under § 241At least 1 month after the notice is filed58 O.S. § 331
Summary administration creditor bar30 days after the order granting the petition and combined notice58 O.S. § 246(B)(10)
Summary administration final hearingNo sooner than 45 days after that order58 O.S. § 246(D)
Section 677 hearing, publication and mailed noticeAt least 20 days58 O.S. § 677(D)
Deferred hearing on a § 677 objectionWithin 30 days of the original setting, absent good cause58 O.S. § 677(G)
Contest of a will already admitted here3 months from the date of admission58 O.S. § 61
Transfer-on-death beneficiary affidavit9 months after the owner's death58 O.S. § 1252(E)

Every date an Oklahoma estate tracks is collected in the Oklahoma probate timeline.

What the Oklahoma Piece Costs

Oklahoma prices probate as a flat court fee. There is no percentage of the estate, no probate tax, and no separate surcharge for an out-of-state decedent.

ItemAmountAuthority
Probate filing fee$135.0028 O.S. § 152(A)(3)
Fixed assessments on that filing$6.00 law library, $25.00 court information system, $10.00 special advocates, $2.00 judicial complaints and interpreters, $10.00 records management until November 1, 202728 O.S. § 152(B), (C), (D), (E), (G)
Dispute resolution cost, every civil case$7.0012 O.S. § 1809(A)
Statutory opening total$195.00The five lines above, added
County courthouse security optionUp to $10.00, only where the county commissioners adopted it28 O.S. § 152(F)
Proceeding to sell or lease real, personal or mineral property in probate$43.0028 O.S. § 152(A)(5)
Judicial determination of death$58.0028 O.S. § 152(A)(7)
Recording the decree with the county clerk$8.00 first page, $2.00 each additional page, plus a $10.00 preservation fee, so $18.00 for a one-page conforming instrument28 O.S. § 32(A)(1), (2), (C)
Court clerk copies$1.00 first page, $0.50 each page after, $0.50 to certify an instrument, $5.00 to authenticate court records28 O.S. § 31
Small estate affidavit$0, because it never gets filed with a court58 O.S. § 393
Oklahoma estate or inheritance taxNone for a death on or after January 1, 2010, and no order exempting estate tax liability is needed to make title marketable68 O.S. §§ 801 through 809, repealed eff. January 1, 2010; § 804.1

The county security fee is the only line that moves from courthouse to courthouse, so call the district court clerk in the county you picked and ask for the total before you write the check.

Sending the Oklahoma Assets Home

When an Oklahoma representative was appointed and the work is finished, 58 O.S. § 633 tells the court where the property goes. On application for distribution after final settlement of the accounts, where the decedent was a nonresident who left a will duly proved in the state of residence and an authenticated copy admitted to probate here, or died intestate with an administrator appointed in the state of residence, the court may order the Oklahoma estate delivered to that home-state executor or administrator. It may order a sale of the real estate and delivery of the proceeds where a sale is needed. Delivery under the order fully discharges the Oklahoma representative as to everything the order covers.

Two more sections shape the closing. 58 O.S. § 635 requires the court to be satisfied that state, county, school and municipal taxes on personal property, plus Oklahoma income and estate taxes, are paid or secured before any distribution decree, and it carries the same 2010 estate tax carve-out described above. 58 O.S. § 162 applies when the Oklahoma court appoints someone who lives out of state: before taking up the duties, that representative appoints in writing an agent residing in the county of appointment, agrees that service on the agent binds as personal service, gives the agent's address, and files the writing with the district court judge who made the appointment. Clerks return packets over this one.

If the Decedent Lived in Oklahoma and Owned Land Elsewhere

Flip the roles and the Oklahoma district court runs the main case. Section 7 makes its jurisdiction coextensive with the state, and that is where it stops. Land in Arkansas, Colorado, Kansas, Missouri, New Mexico or Texas answers to that state's court, on that state's thresholds and deadlines.

Order the paperwork early. Under 28 O.S. § 31 the court clerk charges $1.00 for the first page of a copy and $0.50 for each page after, $0.50 to certify an instrument, and $5.00 to authenticate court records. Most other states want an authenticated or exemplified record of the letters and the will rather than a plain copy, and each court, title company and transfer agent tends to want its own. The rest of the job is in the Oklahoma executor duties guide.

Keeping Oklahoma Property Out of a Second Case

Most of this work is preventable while the owner is alive.

Record an Oklahoma transfer-on-death deed. 58 O.S. § 1252(A) lets an interest in real estate be titled in transfer-on-death form, and it defines that interest to include surface, minerals, structures and fixtures. Minerals are covered by name, which matters for the exact asset that fills this docket. 58 O.S. § 1253 requires the deed to be executed, acknowledged and recorded with the county clerk where the real estate sits before the owner's death. After a death occurring on or after November 1, 2011, the beneficiary records an affidavit verifying the owner's death, stating the marital status at death, and giving the legal description, with the death certificate attached, within nine months of the death. Miss that window and 58 O.S. § 1252(E) sends the interest back into the deceased owner's estate, which is the second probate the deed was meant to prevent.

Title the deed in joint tenancy on purpose. The § 912 affidavit route above is cheap, fast and works with an out-of-state death certificate. It also gives the whole interest to the survivor, so it is a decision about who inherits rather than a filing shortcut.

Fund a trust with the deed itself. A revocable trust that holds record title to the Oklahoma parcel or mineral interest passes it with no Oklahoma court step, and one trust can hold land in several states. Funding means signing and recording a deed into the trust, not naming the property on a schedule. More routes are in how to avoid probate in Oklahoma.

Common Questions

Does Oklahoma require a full probate for an out-of-state owner's Oklahoma property?

Often not. 58 O.S. § 677(A) says title to Oklahoma property owned by a nonresident may be passed by filing a petition with certified copies of the will, the order admitting it to probate, and the order distributing the estate from the domiciliary proceeding attached. For an intestate death, the attachments are certified copies of the order appointing the personal representative and the order distributing the estate. The court sets a hearing at least 20 days out, one publication runs at least 20 days ahead, and notice goes by mail to the devisees, legatees and heirs. If no interested party or creditor objects by the hearing date, 58 O.S. § 677(E) has the court enter an order distributing the Oklahoma property under the will, or under Oklahoma intestate succession law if there was no will. No Oklahoma letters are issued unless an objection turns out to have merit.

Which Oklahoma county handles an out-of-state decedent's property?

One county, and it then governs the whole Oklahoma estate. 58 O.S. § 5(2) sets venue for a decedent who died while not a resident: first the county where the decedent died leaving an estate there, second any county holding part of the estate where the decedent died out of state, and third the county of death where no Oklahoma estate exists. When the estate sits in more than one county, 58 O.S. § 6 gives exclusive jurisdiction to the district court where the application is filed first, and 58 O.S. § 7 makes that court's jurisdiction coextensive with the state while excluding every other county's district court. Mineral interests scattered across six counties still make one case. Record the decree with the county clerk in each county under 58 O.S. § 711.

Can summary administration be used for a nonresident's Oklahoma estate?

Yes, and the statute names the situation. 58 O.S. § 245(A)(3) opens summary administration to an estate where the decedent resided in another jurisdiction at the time of death, with no dollar ceiling attached to that condition. 58 O.S. § 52(B) adds that regardless of the value of the estate, a will admitted to probate in another jurisdiction may be admitted here and administered under the § 241 or § 245 procedures. The court issues letters of special administration without a hearing under § 245(D) when the petition is in proper form, a combined notice publishes once a week for two consecutive weeks, creditors have 30 days from the order under § 246(B)(10), and the final hearing comes no sooner than 45 days after that order.

How do heirs clear inherited Oklahoma mineral rights after an out-of-state death?

Two routes, on different clocks. 58 O.S. § 393(D) lets anyone claiming through the deceased owner of a severed mineral interest record an affidavit of death and heirship with the county clerk where the interest sits, and 16 O.S. §§ 82 and 83 give the recorded facts a rebuttable presumption of truth. Marketable title takes longer: 16 O.S. § 67(C) requires the affidavit to name the heirs and their relationship, to state the maker's relationship or personal knowledge, to address the will, and then to sit of record for ten years with no inconsistent instrument filed. A probate order under 58 O.S. § 677 or § 247 clears the same title now, which is why buyers of older mineral interests usually ask for one.

Can an out-of-state executor act on Oklahoma assets without opening a case here?

Within limits. 58 O.S. § 262 lets a person holding letters from another state maintain or defend a suit and recover a claim in Oklahoma courts as though the letters had issued here, on a copy of the letters certified under the granting authority's seal, and it lets that executor release an Oklahoma mortgage by filing certified proof with the county clerk where the mortgage is recorded. The court may require security on motion. The small estate affidavit under 58 O.S. § 393 is separate and carries a trap for this reader: it works 10 days after death on up to $50,000 of Oklahoma property, less liens and encumbrances, only while no application or petition for a personal representative is pending or granted in any jurisdiction. An open home-state probate closes that door.

What does ancillary probate cost in Oklahoma?

The court fee is flat. 28 O.S. § 152(A)(3) charges $135.00 to file a probate, and the same section stacks fixed assessments: $6.00 law library, $25.00 for the Oklahoma Court Information System, $10.00 for court-appointed special advocates, $2.00 for judicial complaints and interpreters, and $10.00 for records management until November 1, 2027. Add the $7.00 dispute resolution cost that 12 O.S. § 1809(A) taxes in every civil case and the statutory opening total is $195.00, plus up to $10.00 more if the county commissioners adopted the courthouse security fee under § 152(F). Recording the decree runs $8.00 for the first page, $2.00 per additional page and a $10.00 preservation fee under 28 O.S. § 32. Oklahoma has levied no estate or inheritance tax since 68 O.S. §§ 801 through 809 were repealed effective January 1, 2010, and it takes no percentage of the estate.

Before You File

The figures and procedures on this page come from the compilation of the Oklahoma Statutes current through the 2025 session, read at the Legislature's own complete-title downloads. Filing practice, publication vendors and recording standards differ from district court to district court and from county clerk to county clerk, so confirm the current total and the packet contents with the clerk in the county you picked. Take a contested objection, a creditor fight, a title question on a large mineral interest, or a decision between § 677 and § 245 to a licensed Oklahoma attorney. Start from the Oklahoma probate hub for the rest of the settlement work.

Sources:

  • Title: 58 O.S. § 677, Petition by nonresident - Contents - Hearing - Objections. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Laws 1980, c. 310, § 5, eff. Oct. 1, 1980; amended by Laws 1993, c. 345, § 10, eff. Sept. 1, 1993; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1, Probate jurisdiction and venue of district court. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6189; amended by Laws 2001, c. 58, § 1, eff. Nov. 1, 2001; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 5, Venue of probate acts. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2022, c. 160, § 1, eff. Nov. 1, 2022; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 6, Venue in certain cases. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6194; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 7, Jurisdiction coextensive with state. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6195; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 21, Custodian of will to deliver same to district court. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6199; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 51, Foreign wills recorded. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6216; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 52, Petition - Hearing - Notice - Summary administration. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2002, c. 468, § 77, eff. Nov. 1, 2002; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 53, Proof required. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6218; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 61, Causes for contesting will after probate. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 162, Nonresident representative must appoint agent. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6263; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 241, Dispensing with regular proceedings in estates under $150,000 - Notice to creditors and notice of hearing - Procedure. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2004, c. 114, § 1, eff. Nov. 1, 2004; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 245, Petition for summary administration - Conditions - Requirements. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 1998, c. 359, § 1; amended by Laws 2014, c. 155, § 1, emerg. eff. April 25, 2014; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 246, Petition for summary administration - Notice. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2025, c. 114, § 1, emerg. eff. May 8, 2025; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 247, Petition for summary administration - Hearing - Order. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 1998, c. 359, § 3, eff. Nov. 1, 1998; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 262, Foreign executors and administrators - Right of action - Proof of authority - Security - Release of mortgages. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6312; Laws 1915, c. 39, § 1; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 331, Notice to creditors to present claims. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 1988, c. 228, § 4, emerg. eff. June 22, 1988; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 393, Payment or delivery of property to successor by affidavit. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2017, c. 73, § 2, eff. Nov. 1, 2017; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 633, Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6465; Laws 1935, p. 6, § 1; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 635, Taxes paid before decree. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2010, c. 436, § 2, eff. July 1, 2010; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 711, Recording of judgment or decree or notice of judgment or decree relating to real property. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 1998, c. 359, § 7, eff. Nov. 1, 1998; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 912, Termination of joint tenancy or life tenancy with remainder interest by affidavit. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1252, Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2023, c. 101, § 1, eff. Nov. 1, 2023; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1253, Transfer-on-death, form. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 16 O.S. § 67, Claim and purchase of severed mineral interest through recorded affidavit of death and heirship. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 16 (Conveyances). Publication Date: Added by Laws 1999, c. 84, § 2; amended by Laws 2010, c. 223, § 1, emerg. eff. May 10, 2010; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf
  • Title: 16 O.S. § 82, Recording of affidavit - Rebuttable presumption. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 16 (Conveyances). Publication Date: Amended by Laws 1994, c. 238, § 3, eff. Sept. 1, 1994; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf
  • Title: 16 O.S. § 83, Matters to which affidavit may relate. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 16 (Conveyances). Publication Date: Added by Laws 1985, c. 233, § 2, eff. Nov. 1, 1985; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf
  • Title: 28 O.S. § 31, Fees of court clerks. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 28 (Fees). Publication Date: Amended by Laws 2004, c. 288, § 1, eff. Nov. 1, 2004; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf
  • Title: 28 O.S. § 32, County clerk - Fees. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 28 (Fees). Publication Date: Compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf
  • Title: 28 O.S. § 152, Flat fee schedule - In forma pauperis. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 28 (Fees). Publication Date: Amended by Laws 2025, c. 87, § 1, eff. Nov. 1, 2025; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf
  • Title: 12 O.S. § 1809, Collection and disposition of court costs and fees. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 12 (Civil Procedure). Publication Date: Amended by Laws 2019, c. 354, § 1, eff. July 1, 2019; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf
  • Title: 68 O.S. § 804.1, Estate tax lien. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 68 (Revenue and Taxation). Publication Date: Added by Laws 2010, c. 436, § 5; amended by Laws 2017, c. 171, § 1, eff. Nov. 1, 2017; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf
  • Title: 68 O.S. §§ 801, 802, 802.1, 803, 805 through 809, Repealed (Oklahoma Estate Tax Act). Publisher: Oklahoma Legislature, Oklahoma Statutes Title 68 (Revenue and Taxation). Publication Date: Repealed by Laws 2006, 2nd Extraordinary Session, c. 42, § 6, eff. Jan. 1, 2010; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf

It is not legal advice.

Information current as of September 2, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oklahoma can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.