Author: Windows User
Last saved by: patti thomas
Company: Oklahoma House of Reps

ENGROSSED HOUSE
BILL NO. 2860	By:	Sherrer of the House

				and

		Ivester of the Senate

An Act relating to wills and succession; amending 84 O.S. 2011, Section 257, which relates to determining succession or heirship; modifying procedure; updating language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     84 O.S. 2011, Section 257, is amended to read as follows:
Section 257.  A.  This section shall apply:
1.  Where any person dies intestate possessed of real property in this state, or dies having devised pursuant to the law of this state any real property in this state, in terms to "heirs", "relations", "nearest relations", "representatives", "legal representatives", "personal representatives", "family", "issues", "descendants", "nearest of kin", or to persons by any other description or designation which leaves at large the names or individual identity of the particular person embraced therein~~,~~; and
2.  Where the period of one (1) or more years since the death of such intestate or testator has elapsed without ~~their~~ there having been a decree by the district court of the county having jurisdiction to administer upon ~~his~~ the estate, wherein it was judicially determined who, by name, are or were all the particular persons entitled to participate in the distribution of such real property under such devise or the law of succession~~,~~; or ~~where~~
3.  Where the grantees indicated in any deed, or deed of patent made and issued or designated as "the devisees," of "the heirs at law" or "the legal representatives" of a named deceased person, without naming them, or by any other description or designation which leaves at large the names or individual identity of the particular persons embraced therein, the name and individual identity of each and all the persons who take or were entitled to take such real property and the proportion or part thereof which each takes or was entitled to take, immediately under such testamentary devise, or grant, or the law of succession~~, may be judicially determined and jurisdiction thereto invoked in the manner following:~~.
B.  In ~~any~~ such instances wherein the action ~~which~~ relates to ~~or the subject matter of which is such~~ real property, ~~or for~~ it may be ordered and jurisdiction is invoked:
1.  For the determination in any form of any interest, right, title or estate therein, held by any person; or ~~in which the relief demanded consists wholly or partly in~~
2.  For the determination excluding the defendants or any of them from any interest, right, title or estate therein~~, the~~.
C.  The plaintiff may allege, among other things, in ~~his~~ the petition, the facts showing such testamentary devise, ~~or~~ grant of~~,~~ or intestate succession ~~to, such~~ of specific real property~~, and~~ to the named defendants (regardless of whether they or any of them be living or dead).  As to the defendants, the plaintiff shall set forth the names as ~~he~~ the plaintiff is informed and believes, all of the devisees, or grantees, or heirs-at-law, ~~as the case may be,~~ who take or were entitled to take such real property and the proportion or part which each takes or was entitled to take ~~therein, immediately~~ under such devise, ~~or~~ grant, or intestate succession~~; and he~~.  The plaintiff may make all such devisees, ~~or~~ grantees, or heirs-at-law, or their heirs, executors, administrators, devisees, trustees and assigns, parties defendant in such action under the description, and have service of notice by publication upon them under such description, to-wit:  "The heirs, executors, administrators, devisees, trustees and assigns, of __________ deceased."  ~~(~~Naming such testator, ~~or~~ intestate, or ~~the~~ person stated in such deed or patent to be deceased~~, as the case may be~~.~~)~~ 
SECTION 2.  This act shall become effective November 1, 2014.
Passed the House of Representatives the 12th day of February, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2014.

	
	Presiding Officer of the Senate

ENGR. H. B. NO. 2860	Page