Okla. Stat. tit. 63 § 1-315.1

Current through Laws 2024, c. 453.

Section 1-315.1 - Verified petition to obtain judicial record of death for a person who died 25 years ago or longer

A. If a death certificate is required to settle a property or financial interest for a person who has allegedly died in this state twenty-five (25) years ago or longer, and the following determinations have been made:

1. The State Registrar of Vital Statistics for this state has confirmed that a death certificate is not on file with the State Department of Health;

2. The State Registrar of Vital Statistics has determined that all due diligence has been performed and the requirements of Section 1-317 of Title 63 of the Oklahoma Statutes requiring a death certificate to be filed cannot be met; and

3. The State Registrar of Vital Statistics has determined that all due diligence has been performed and the requirements of Section 1-314 of Title 63 of the Oklahoma Statutes for the filing of a delayed death certificate cannot be met; then a verified petition may be filed with the district court of the county where the death allegedly occurred for an order establishing a judicial record of death.

B. The verified petition shall contain the following:

1. The full legal name of the person who is allegedly deceased;

2. The date and place of birth of the decedent;

3. The age of the decedent;

4. The date and place of the death of the decedent;

5. The property or financial interest to be resolved;

6. The determinations of the State Registrar of Vital Statistics as required in paragraphs 2 and 3 of subsection A of this section; and

7. Other facts deemed pertinent, which include, but are not limited to, the parents or spouse of the decedent.

C. Upon the filing of the verified petition, the office of the court clerk for the county where the petition is filed shall give the petition a number in the probate files of the county. Notice of the verified petition shall be made upon the State Department of Health and published once in a newspaper of general circulation in the county where the petition is filed.

D. Based on the verified petition, all the evidence the applicant has in his or her possession such as personal testimony, affidavits or records and determinations of the State Registrar of Vital Statistics as required in paragraphs 2 and 3 of subsection A of this section, the court may enter an order:

1. Establishing the full legal name of the individual who is deceased;

2. The date and place of the birth of the decedent;

3. The age of the decedent;

4. The date and place where the death occurred;

5. The property or financial interest that is resolved; and

6. Other facts deemed pertinent by the court and as set forth in the verified petition.

Said order shall be final and conclusive of all the facts therein adjudged.

E. A certified copy of the order shall be filed with the State Department of Health, and a certified copy thereof shall be issued by the State Department of Health in the same manner as certificates of death.

F. Issuance of a certified copy of the order filed with the State Department of Health pursuant to this section shall satisfy any and all requirements set forth in any statute requiring a death certificate or order of any court requiring the issuance of a death certificate.

Okla. Stat. tit. 63, § 1-315.1

Added by Laws 2019 , c. 283, s. 1, eff. 11/1/2019.