Petition for Probate of Will and for Letters Testamentary (Oklahoma)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF OKLAHOMA

CAPTION AND CASE INFORMATION

1. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Residence Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Last Will and Testament of the Decedent and, as a person interested in the estate, is authorized to petition for proof of the Will under 58 O.S. § 22, and seeks issuance of Letters Testamentary under 58 O.S. § 101.

Relationship of Petitioner to Decedent: [________________________________]

2. DECEDENT INFORMATION

3. JURISDICTIONAL FACTS AND VENUE

In support of this Petition, and as required by 58 O.S. § 23, Petitioner alleges the following jurisdictional facts:

a. The Decedent died on [__/__/____] at the age of [____] years.

b. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

c. Venue. Venue is proper in the District Court of [COUNTY] County under 58 O.S. § 5 because:
☐ The Decedent was a resident of [COUNTY] County, Oklahoma at the time of death; or
☐ The Decedent was not a resident of Oklahoma but died leaving an estate / property in [COUNTY] County; or
☐ The Decedent was not a resident of Oklahoma and died outside the State, but left an estate in [COUNTY] County.

d. The probable value and character of the property of the estate is approximately:

4. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent dated [__/__/____] ☐ and codicil(s) dated [__/__/____] (the "Will") ☐ accompanies this Petition / ☐ is on file with the Court and is offered for probate.

b. Due execution. The Will is in writing, was signed by the Decedent (or by another in the Decedent's presence and by the Decedent's express direction), and was attested by two or more competent witnesses who subscribed their names in the presence of the Decedent.

c. Proof of Will. Under 58 O.S. § 30, in the absence of contest the Will may be admitted on the testimony of one of the subscribing witnesses, who must prove that the Will was executed in all particulars as required by law and that the testator was of sound mind at the time of execution.

d. Self-proving status (check one):
☐ The Will is self-proved by an acknowledgment of the testator and affidavits of the witnesses (self-proving affidavit attached); no additional witness testimony is required to admit it.
☐ Testimony of a subscribing witness will be presented under 58 O.S. § 30.

e. Subscribing Witnesses:

f. ☐ To Petitioner's knowledge, the Will has not been revoked and is the Decedent's last will.

5. HEIRS, LEGATEES, AND DEVISEES (58 O.S. § 23(3))

A. Legatees and Devisees named in the Will:

B. Heirs at Law of the Decedent (so far as known to Petitioner):

The names, ages, and residences of the heirs, legatees, and devisees of the Decedent are set out so far as known to Petitioner, for the purpose of providing notice, and do not establish the share of the estate to which any person may be entitled.

6. NOMINATION, CONSENT, AND PRIORITY OF EXECUTOR (58 O.S. § 23(2); § 101)

a. The Will nominates [PETITIONER FULL LEGAL NAME] to serve as Executor of the Decedent's estate.

b. Petitioner, as the person named as executor in the Will, ☐ consents to act as Executor / ☐ renounces (state circumstances): [________________________________].

c. Under 58 O.S. § 101, Letters Testamentary shall issue to the executor or executors named in the Will when the Will is admitted to probate, provided the named executor is competent and qualified.

d. Petitioner is not disqualified to serve: Petitioner is of legal age, of sound mind, and is not otherwise incompetent or disqualified under 58 O.S. § 102.

7. BOND

a. ☐ Bond waived by Will. The Will expressly provides that no bond shall be required of the Executor. Under 58 O.S. § 178, where the will so provides, Letters Testamentary may issue without bond unless the Court, for good cause, requires one to be executed.

b. ☐ Bond furnished. Petitioner will furnish a bond as required by 58 O.S. § 171 in the amount fixed by the Court, conditioned as provided by law.
☐ With corporate surety ☐ With personal sureties

c. Estimated amount of bond, if required: $[________________].

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

a. Fix a day for hearing this Petition not less than ten (10) nor more than thirty (30) days from the date of filing, and order that notice be given as provided in 58 O.S. §§ 25, 26, and 34;

b. Upon hearing, admit the Last Will and Testament of the Decedent (and any codicil) dated [__/__/____] to probate as the last will of the Decedent;

c. Appoint Petitioner as Executor of the estate under 58 O.S. § 101;

d. Direct issuance of Letters Testamentary to Petitioner upon qualification (58 O.S. § 110);

e. Dispense with bond as directed by the Will (58 O.S. § 178), or fix bond under 58 O.S. § 171;

f. Grant such other and further relief as the Court deems just and proper.

9. VERIFICATION

STATE OF OKLAHOMA, COUNTY OF [COUNTY], ss:

I, [PETITIONER FULL LEGAL NAME], of lawful age, being first duly sworn, depose and state that I am the Petitioner named in the foregoing Petition; that I have read the Petition and know the contents thereof; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

______________________________________
Notary Public
My commission expires: [__/__/____] Commission No.: [____________]

10. ORDER SETTING HEARING / NOTICE (58 O.S. §§ 25, 26, 34)

Notice of Hearing. Upon the filing of this Petition, the Court shall fix a day for hearing not less than ten (10) nor more than thirty (30) days from the date of filing (58 O.S. § 25). Notice of the hearing must be mailed, postage prepaid, at least ten (10) days before the hearing, to all heirs, legatees, and devisees at their last-known place of residence, and to any person named as executor who is not a petitioner (58 O.S. §§ 26, 34). If the name or address of any heir, legatee, or devisee is unknown, the notice shall also be published in one issue of a newspaper at least ten (10) days before the hearing (58 O.S. § 25).

☐ Affidavit of Mailing of Notice filed prior to hearing (58 O.S. § 34)
☐ Proof of Publication filed prior to hearing (if applicable)

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Oklahoma Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone / Email: [________________________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil)
☐ Self-proving affidavit (if any) or proof of subscribing witness (58 O.S. § 30)
☐ Certified copy of Death Certificate
☐ Order Fixing Time of Hearing and Notice (proposed)
☐ Notice of Hearing (for mailing and/or publication)
☐ Affidavit of Mailing of Notice (58 O.S. § 34)
☐ Waivers/Consents of heirs, legatees, devisees (if obtained)
☐ Oath of Executor (58 O.S. § 161)
☐ Executor's Bond (58 O.S. § 171) or statement of waiver by Will (58 O.S. § 178)
☐ Proposed Order Admitting Will to Probate and Letters Testamentary (58 O.S. § 110)
☐ Filing fee payment