Okla. Stat. » Title 58 — PROBATE PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 58, § 252 (2026)

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Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases and in the same courts in which the same might have been maintained by or against their respective testators and intestates. R.L.1910, § 6302.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1954–2025 · leading case: Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12 (Okla. 2018).
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Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12 (Okla. 2018). · cites it 2× “2011 § 252 : "Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases and in the same courts in which the same might have been…”
State Ex Rel. Otjen v. Mayhue, 476 P.2d 317 (Okla. 1970). · cites it 2× “Respondent found the second cause of action was maintainable under 58 O.S.1961 § 252, and therefore both venue and jurisdiction supported the action.”
Merle v. Ringwald, 905 P.2d 833 (Okla. Civ. App. 1995). “The conflict, she argues, stems from an executor's duly to recover assets for the estate by filing an action to recover same under 58 O.S.1991, § 252 and the fact that this executor claims the assets for herself individually.”
Dean v. Jelsma, 316 P.2d 599 (Okla. 1957). “Mary Dean, executrix, however, asserted in the court below and asserts here in her brief that she as executrix is the only necessary party in this action; that her four children, although they may be proper parties, are, and would be whether parties or not, bound by any judgment…”
City of Stigler v. Crumley, 2004 OK CIV APP 80 (Okla. Civ. App. 2004). “58 O.S.2001 § 252; see Jameson v. Goodwin, 1914 OK 296 , 141 P.”
Hopper v. Rowntree, 275 P.2d 285 (Okla. 1954). “In construing the revival statute, effect must also be given to 58 O.S.1951 § 252, which provides: “Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and…”
Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12 (Okla. 2018). · cites it 2× “58 O.S.2011 § 252: "Actions for the recovery of any property, real or personal, or for the possession thereof, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases and in the same courts in which the same might have…”
The State of Oklahoma Ex Rel. Panter v. Mcvea, 2025 OK CIV APP 13 (Okla. Civ. App. 2025). · cites it 2× “" 58 O.S. § 252 may be maintained"?caselaw is clear that, in cases where a cause of action survives the death of the defendant, the case cannot proceed without a personal representative, Stone v.”
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