Venue of probate acts
OklahomaStatutes
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OK Code › Title 58 › Section 58-5
Text
The district court in and for the county of proper venue has
exclusive jurisdiction to prove a will or to grant letters
testamentary or of administration. Proper venue for hearing in such
actions shall be determined as follows:
1. If the decedent died as a resident of this state, in the
county of which the decedent was a resident at the time of his or
her death, regardless of where the decedent died;
2. If the decedent died while not a resident of this state:
a. first, in the county of this state in which the
decedent died, leaving an estate therein,
b. second, in any county of this state in which any part
of the estate of the deceased may be, where the
decedent
(1) died out of this state, or
Oklahoma Statutes - Title 58. Probate Procedure Page 12
(2) died within this state but did not leave an
estate in the county in which the decedent died,
and
c. third, in the county in which the decedent died,
leaving no estate in this state; or
3. In all cases of administration of estates of deceased
persons in this state where final decrees have been entered prior to
the effective date of this act, and for which the final decrees are
or may be defective or invalid for lack of jurisdiction because the
administration was in a county other than the county of proper venue
as prescribed by this section, such final decrees shall be deemed
valid; provided, however, the provisions of this paragraph:
a. shall not apply to any case where an action is
instituted and maintained to modify or vacate the
final decree within one (1) year of the effective date
of this act, and
b. shall not bar the claim of a person claiming an
interest in a decedent's estate if the person did not
receive notice of the probate or estate
administration, actual or constructive, as required by
this title.
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