The Oklahoma Bar Journal November 2024

and notice of hearing may be com bined into a single document or filed as separate documents. 11 The order and notice must be signed by the judge. 12 Notice must be given by mail to all heirs, legatees and devisees known to the petitioner, as set out in the petition, at their last-known place of residence not less than 10 days prior to the date of hear ing. 13 An affidavit of mailing must be filed prior to the hearing, show ing to whom notice was mailed and the date notice was mailed. 14 If the address of any heir, legatee or devisee is not known to the petitioner, in addition to mailing to those whose addresses are known, the notice must also be published one time in a legal newspaper circulated within the county 15 at least 10 days before the day of the hearing. 16 Proof of the publication must be filed with the court prior to the hear ing. 17 Although publication is not required if the petitioner knows who all of the heirs, legatees and devisees are and their addresses, it is often a good idea to publish anyway. Failure to provide proper notice in a probate proceeding is especially problematic when real property is involved, as it will cause title issues later.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL