IN THE MATTER OF THE ESTATE OF MELISSA EVANS, JOSHUA EVANS v. GREER

Citations

• 2025 OK 89

Syllabus

¶0 Melissa Evans died in a car accident on September 3, 2020, leaving a will that named her former spouse as the primary beneficiary and her descendants as contingent beneficiaries. Her son, Joshua Evans, initiated probate proceedings and, on November 17, 2020, obtained an order which admitted the will to probate, appointed Joshua as personal representative, and identified the heirs, devisees, and legatees. Joshua was later removed, and James Greer was appointed as successor personal representative. On January 5, 2024, Greer moved to vacate that portion of the 2020 order identifying heirs and beneficiaries. The motion alleged Joshua neglected to serve two individuals entitled to notice, including the decedent's former stepdaughter. The trial court granted the motion on March 25, 2024. Two months later the trial judge entered a new order modifying the list of heirs and beneficiaries, specifically finding Decedent's former stepdaughter was a beneficiary under the will. Joshua filed the present appeal on June 11, 2024, challenging both the court's authority to vacate the 2020 order and its subsequent determination of heir and beneficiary status. We retained the appeal but now dismiss it, concluding that Joshua's challenge to the vacatur order is untimely and that the interlocutory order identifying heirs, devisees, and legatees is not appealable.