Sample Probate Petition

IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA

 

IN THE MATTER OF THE ESTATE OFMary Brown,Deceased. Case No. __________Judge:

PETITION TO ADMIT WILL TO PROBATE, APPOINTMENT OF

PERSONAL REPRESENTATIVE, AND FOR DETERMINATION OF

IDENTITY OF HEIRS-AT-LAW, DEVISEES AND LEGATEES

COMES NOW Doris Marie Schonegg, and respectfully represents to this Court as follows:

  1. Mary Brown, departed this life on or about October 11, 2012, and decedent was a resident of Oklahoma County, State of Oklahoma, at the time of her death.
  2. Mary Brown left an estate consisting of real and personal property in Oklahoma County, State of Oklahoma, the general character and description of which will be set forth in the General Inventory and Appraisement of Estate. The Petitioner believes that only real property is subject to this probate action.
  3. Due search and inquiry has been made to ascertain if decedent left a Will, and the Will (photocopy attached) submitted with this Petition, bearing the date of January 16, 1995, is, according to the best information and belief of Petitioner, the latest Last Will and Testament of the decedent. The original of the attached will was found in the decedent’s safety deposit box at FNB (First National Bank). The bank provided the attached photocopy to Petitioner and the bank retains possession of the original will.  Production of the will may be compelled by the court in accord with 58 O.S. § 24.
  4. Your Petitioner, Doris Marie, is the Personal Representative named in the Last Will and Testament of the decedent and is willing to serve as Personal Representative of this Estate. Charles Brown was named as first nominee for personal representative, as he was the spouse of the decedent; but he predeceased the decedent and the Petitioner is the second nominee in the will.
  5. Doris Marie for whom Letters Testamentary are herein prayed, is a resident of Williams County, State of Arizona, with the post office address of 410 Breezy Blvd., #4016, Deville, Arizona.
  6. The name, relationship to the decedent, age, and address of the heirs-at-law of the decedent known to your Petitioner, are as follows:

Name                                                   Age                 Address

 

Doris Marie(Sister) Legal Age 410 Breezy Blvd., #4016, Deville, Arizona
See attached exhibit(Neices and Nephews) Legal Age

 

  1. The name and address of the devisee and legatee named in the Will is as follows:

 

Doris Marie  410 Breezy Blvd., #4016, Deville, Arizona

 

  1. The Court should make a judicial determination at the time of hearing this Petition that the above named persons are the heirs-at-law, devisee and legatee.
  2. Your Petitioner is interested in the estate as Personal Representative named in the Will.

WHEREFORE, Petitioner prays that a date be fixed for hearing this Petition, notice thereof be given as required by law, and, upon the hearing hereof, that the Will be admitted to probate, that Letters Testamentary issue thereon to Doris Marie as Personal Representative of the estate, that an order be issued directing the bank holding the original will to deliver the same to the court at a date and time certain, and that the Court determine the heirs-at-law of decedent, and devisee and legatee of the Will.

 

                                                                                   

Doris Marie

Petitioner

STATE OF OKLAHOMACOUNTY OF OKLAHOMA ))  ss.)

 

Doris Marie, of lawful age, being first duly sworn, on oath states:  That she has read the above and foregoing pleading, and is familiar with the contents thereof, and that the statements and allegations therein contained are true and correct to the best of her knowledge.

 

                                                                                   

Doris Marie

Personal Representative

 

Signed and sworn to before me on the _____ day of _______________, 2013, by Doris Marie.

                                                                                   

Notary Public

My commission expires:                                                                           My commission number is:

 

                                                                                                                                                           

 

_________________________

Terrell Monks OBA #17474

Law Offices of Terrell Monks

1840 S. Douglas Blvd

Midwest City, OK  73130

(405) 733-8686

Attorney for Petitioner

 

Attorney Terrell Monks

Attorney Terrell Monks

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