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
(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. Amended by Laws 1982, c. 176, § 1, emerg. eff. April 16, 1982; Laws 2022, c. 160, § 1, eff. Nov. 1, 2022.
Notes of Decisions
In the Matter of the Est. of Fulks, 2020 OK 94, 477 P.3d 1143.
· cites it 45× “She argued that: 1) the decedent died in Osage County, and all of the decedent's real and personal property was located in Osage County; 2) pursuant to 58 O.S. 2011 §5, the proper venue for the probate was solely in Osage County, Oklahoma; and 3) the cause should be transferred…”
State ex rel. Am. Flyers Airline Corp. v. Superior Court of Creek Cnty., 435 P.2d 131 (Okla. 1967).
· cites it 4× “The probate jurisdiction of that court was invoked on the assumption that since decedent’s sole asset (cause of action for wrongful death) had no fixed situs, the terms of 58 O.S.1961 § 5, sub-div. 5, apply to lay venue in the county where “application for letters is first made”.”
Davis v. Sandlin, 392 P.2d 722 (Okla. 1964).
· cites it 2× “The allegations of his petition were sufficient to place the venue of the probate proceeding in Muskogee County under 58 O.S.1961 § 5, subdivision 2. The record shows that notice of the hearing of his petition was given as required by law.”
Mitchell v. Cloyes, 620 P.2d 398 (Okla. 1980).
“” Appellees have attempted to show that the existence of statutes providing for ancillary probate infers a legislative intent that the jurisdiction of the district courts to probate a foreign will be limited to those ancillary proceedings only. *402 We think certain provisions…”
In the Matter of the Est. of Walker, 2018 OK CIV APP 63, 439 P.3d 424.
· cites it 6× “Drummond filed a response, asserting the Osage County District Court lacked venue over Decedent's estate because it was not the county of which Decedent was a resident at the time of his death, citing 58 O.S.2011, § 5 and Presbury v. County Court of Kay County, Oklahoma , 1923…”
In Matter of Est. of Brown, 600 P.2d 857 (Okla. 1979).
“1971 § 422 requires sales at public auction to be made in the county where the land is situated, 58 O.S.1971 § 5(1) requires wills to be probated in the county in which the decedent was a resident at the time of his death.”
Groseclose v. Rice, 366 P.2d 465 (Okla. 1961).
“treated together as follows: Contestant states that there is no probate jurisdiction in Oklahoma because an Arizona resident who has been adjudged incompetent, or non sui juris, in Arizona cannot effectively change his residence or domicile to Oklahoma without the consent of his…”
Frye v. Johnson, 2025 OK CIV APP 21.
“On appeal, he argues that the settlement agreement would resolve "all issues" he had raised in the probate proceeding concerning the probate of his mother's will and the "challenged elements concerning the Trust.”
In re Est. of Roberts, 509 P.2d 495 (Okla. Civ. App. 1972).
“Proponent of the will and appellant herein contends that holographic wills are valid in Oklahoma and that inasmuch as the proceeding in Kansas was upon issues different from those before the Oklahoma court, that it is hot res judicata to'a subsequent hearing in Oklahoma, and…”
Okla. Stat. tit. 58, § 5(1): 1 case
In Matter of Est. of Brown, 600 P.2d 857 (Okla. 1979).
“1971 § 422 requires sales at public auction to be made in the county where the land is situated, 58 O.S.1971 § 5(1) requires wills to be probated in the county in which the decedent was a resident at the time of his death.”
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