Oklahoma City, OK asked in Probate for Oklahoma

Q: In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?

"presentment date shall be a date certain which is at least two (2) months following the date said notice is filed, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice." One of my assignments for Estate is to find out or determine if there is a statute that specifically lists what a month is considered to be because most months have 30 days but February has only 28 days and some months have 31, so do you calculate it by weeks or a specific number of days?

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1 Lawyer Answer

Tyler R. Barrett

Answered
  • Probate Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute also sets forth publication requirements.

The Personal Representative must consult all sources at hand to determine the known creditors of the deceased. In the event a creditor does not receive proper notice, the creditor's claim may not be barred under the law -- potentially preventing closing of the estate or making the assets of the estate distributed to the heirs/beneficiaries subject to such creditor's claim after the probate is over. Thus, I believe it's very important for all personal representatives to retain legal counsel to assist them. After all, the probate code can be extremely complex and often does not make "common sense".

Jerry Shiles agrees with this answer

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