If an individual died outside of Oklahoma, but owned property located in Oklahoma, the Oklahoma assets may have to go through probate within the State of Oklahoma. One common occurrence is that a non-resident’s estate is probated outside of Oklahoma, but the non-resident decedent owned real property within Oklahoma. Because only Oklahoma courts have jurisdiction over real property located within Oklahoma, it will be necessary to conduct Oklahoma probate proceedings for the estate of the non-resident decedent. These proceedings are generally referred to as “Ancillary” probate proceedings.
One avenue for such a process is through Summary Administration proceedings.
Another avenue for ancillary proceedings is via the traditional probate proceedings.
A third possibility for ancillary proceedings is via Title 58 O.S. Section 677. The advantages of proceeding under this statute are:
In order to qualify for 58 O.S. §677, the following must be true:
(a) a duly certified copy of the last will and testament,
(b) an order admitting the will to probate in another jurisdiction, and
(c) an order distributing the estate from the domiciliary probate proceedings;
(a) a duly certified copy of the order appointing personal representative; and
(b) an order distributing estate from the domiciliary estate.
While there are many factors and every case is different, a general overview of Oklahoma ancillary probate proceedings under 58 O.S. § 677 is as follows:
(a) the court shall issue an order setting the matter for hearing not less than twenty (20) days thereafter;
(b) publication of a notice one time, not less than twenty (20) days prior to the date of hearing; and
(c) notice of hearing shall be mailed to all devisees, legatees and heirs at law, including those named in the last will and testament or in the order determining heirs, not less than twenty (20) days prior to the date of such hearing.
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