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An Act
ENROLLED HOUSE
BILL NO. 4339 By: Moore of the House
and
Gollihare of the Senate
An Act relating to probate procedure; amending 58
O.S. 2021, Section 246, as amended by Section 1,
Chapter 114, O.S.L. 2025 (58 O.S. Supp. 2025, Section
246), which relates to notice for petition for
summary administration; removing the publication
requirement for certain notices and allowing
publication of a combined notice; providing
publication timeline for combined notice; and
providing an effective date.
SUBJECT: Probate procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 58 O.S. 2021, Section 246, as
amended by Section 1, Chapter 114, O.S.L. 2025 (58 O.S. Supp. 2025,
Section 246), is amended to read as follows:
Section 246. A. Upon the filing of the petition and combined
notice, the court shall dispense with the regular estate proceedings
prescribed by law and the court shall order notice to creditors and
issue an order granting final hearing upon the petition for
admission of the will, if any, to probate, the petition for summary
administration, the final accounting, and the petition for
determination of heirship, distribution and discharge. However,
nothing in this section shall affect the lien upon any property for
any estate or transfer tax which may be due upon the estate of the
decedent.
B. Notice to creditors and notice of hearing upon the petition
for summary administration and the final accounting, determination
ENR. H. B. NO. 4339 Page 2
of heirship, and distribution and discharge shall be combined into
one notice, referred to as a "combined notice". Combined notice
shall be filed within five (5) days from the granting of the order
admitting the petition and order for combined notice. The combined
notice shall set forth the following:
1. The name, address, and date of death of the decedent;
2. The name and address of the petitioner;
3. Whether a will exists;
4. The name and address of the personal representative, if
specified;
5. The name and address of the heirs or devisees;
6. The probable value of the estate of the decedent as set
forth in the petition;
7. The date, time and place of the final hearing;
8. That the person receiving the notice or any interested party
may file objections to the petition at any time before the final
hearing and send a copy to the petitioner or that person will be
deemed to have waived any objections to the petition;
9. That if an objection is filed before the hearing, the court
will determine at the hearing whether the will attached to the
petition shall be admitted to probate, whether summary proceedings
are appropriate and, if so, whether the estate will be distributed
and to whom the estate will be distributed; and
10. The claim of any creditor will be barred unless the claim
is presented to the personal representative no more than thirty (30)
days following the granting of the order admitting the petition and
combined notice.
C. Within ten (10) days of the granting of the order admitting
the petition and combined notice, notice of the petition, notice to
creditors, and notice of final accounting, determination of
heirship, distribution and discharge The combined notice shall be
published once each week for two (2) consecutive weeks in a
newspaper that is authorized by law to publish legal notices and
that is published in the county where the petition is filed, and the
ENR. H. B. NO. 4339 Page 3
first publication of the combined notice shall appear on, or before,
the tenth day after the filing of the combined notice. If no
newspaper authorized by law to publish legal notices is published in
the county, the notice shall be posted in three public places in the
county, one of which shall be the county courthouse. Within ten
(10) days of the granting of the order admitting the petition and
combined notice, the combined notice shall be mailed to creditors of
the decedent as provided in Sections 331 and 331.1 of this title.
Within ten (10) days of the granting of the order admitting the
petition and combined notice, the combined notice shall be mailed to
all persons interested in the estate of the decedent at their
respective last-known addresses.
D. The matter shall be set for final hearing not less than
forty-five (45) days following the granting of the order admitting
the petition and combined notice.
E. If there is a defect in notice or in the form of the
petition or if objections are filed, or for other good cause shown,
the hearing may be postponed to a date certain.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 4339 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: _________________________________