Section 9.39 Failure to Give Notice

• Library: Estate Administration 2014 Supp

e. (§9.39) Failure to Give Notice

Failure to provide proof of service of notice should result in the court’s refusal to approve a final settlement and petition for distribution. But the court will only require proof of notice to those whose names are disclosed by the application for letters and the court’s own records. If an heir is omitted from the application for letters, the heir may claim that the subsequent orders of the probate court, including those approving final settlement and decreeing distribution, are invalid. Just as failure to send notice to a reasonably ascertainable creditor can deny the creditor due process of law, a person with a claim to heirship whose identity and whereabouts are reasonably ascertainable would be in a position to claim the same protection. Tulsa Prof’l Collection

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