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An Act
ENROLLED HOUSE
BILL NO. 2650 By: Harris of the House
and
Gollihare of the Senate
An Act relating to probate procedure; amending 58
O.S. 2021, Section 245, which relates to petitions
for summary administration; and increasing value of
estate for summary administration.
SUBJECT: Probate procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 58 O.S. 2021, Section 245, is
amended to read as follows:
Section 245. A. A petition for summary administration may be
filed by any person interested in an estate that meets one of the
following conditions:
1. The value of the estate is less than or equal to Two Hundred
Thousand Dollars ($200,000.00) Three Hundred Thousand Dollars
($300,000.00);
2. The decedent has been deceased for more than five (5) years;
or
3. The decedent resided in another jurisdiction at the time of
death.
B. The petition shall set forth the following:
1. A statement of the interest of the petitioner;
ENR. H. B. NO. 2650 Page 2
2. The name, age and date of death of the decedent, and the
county and state of the decedent's domicile at the time of death;
3. If the decedent died testate, the original or certified copy
of the will of the decedent shall be attached to the petition,
together with a statement that:
a. the petitioner, to the best of the knowledge of the
petitioner, believes the will to have been validly
executed, and
b. after the exercise of due diligence, the petitioner is
unaware of any instrument revoking the will, and that
the petitioner believes that the instrument attached
to the application is the decedent's last will;
4. Whether the will attached to the petition has been admitted
to probate in any other jurisdiction;
5. If the decedent died intestate, the petitioner shall state
that the petitioner has diligently searched for and failed to find a
will;
6. The names, ages and last-known addresses of the
administrators, executors, nonpetitioning conominees, heirs,
legatees and devisees of the decedent, so far as known to the
petitioner;
7. The names and last-known addresses of all known creditors of
the decedent. The petitioner shall state that the petitioner has
exercised due diligence in determining the identities, last-known
addresses and claims of the decedent's creditors;
8. The probable value and character of the property of the
estate and the legal description of all real property owned by the
decedent in Oklahoma;
9. Whether an application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction;
10. A statement of the relief requested, which may include a
prayer for the court to admit the will, if any, to probate, to
appoint the person requested in the petition as personal
representative, to determine the heirs, devisees and legatees of the
ENR. H. B. NO. 2650 Page 3
decedent, to approve the final account, to distribute the property
of the estate and to discharge the personal representative; and
11. A waiver of the final accounting pursuant to Section 541 of
this title, if applicable.
C. The petition shall be verified by the petitioner or signed
by the attorney for the petitioner.
D. The court, without a hearing, shall issue letters of special
administration to the person requested in the petition if the
petition is in proper form and:
1. The proposed personal representative is named as personal
representative in the will;
2. The proposed personal representative has prior right to
appointment; or
3. The petition is accompanied by a waiver of all persons
entitled to letters testamentary and all persons with a prior right
of appointment.
The special administrator shall have the powers set forth in
subsection A of Section 215 of this title. The court, in its
discretion, may require a bond.
ENR. H. B. NO. 2650 Page 4
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________