Every personal representative must, unless the notice has been given by a special administrator as provided in Section 215 of this title, within two (2) months after the issuance of his letters, file notice to the creditors of the decedent stating that claims against said deceased will be forever barred unless presented to such personal representative, at the personal representative's place of residence or business, or at the place of business of the attorney for the personal representative, as specified in the notice, by the presentment date stated in the notice. The presentment date shall be a date certain which is at least two (2) months following the date said notice is filed, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice. If the presentment date stated is a Saturday, Sunday, or legal holiday, the presentment date shall be deemed to be the next succeeding day which is not a Saturday, Sunday, or legal holiday. The notice to creditors shall be given by publication in some newspaper in the county in which the probate is filed once each week for two (2) consecutive weeks, and by mail to all known creditors of the decedent at their respective last-known available addresses, in accordance with Section 6 of this act. The notice shall be substantially in the following form: All creditors having claims against A B, deceased, are required to present the same, with a description of all security interests and other collateral (if any) held by each creditor with respect to such claim, to the named personal representative at ______ (address of the personal representative or attorney for the personal representative) on or before the following presentment date: _________________, or the same will be forever barred. C D, Personal Representative for the Estate of A B, deceased. or E F, Attorney for Personal Representative Dated ________________, 19__. Provided, that in all proceedings wherein the decedent has been dead for a period of more than five (5) years prior to the commencement of a probate proceeding for said decedent's estate, or where regular proceedings have been dispensed with pursuant to Section 241 of this title, the presentment date may be stated to be a date certain (subject to the above provisions regarding the stating of the presentment date as a Saturday, Sunday, or legal holiday) which is at least one (1) month following the date said notice is filed with the district court clerk for the county in
which the probate is pending, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice with said district court clerk. Amended by Laws 1988, c. 228, § 4, emerg. eff. June 22, 1988.
Notes of Decisions
Tulsa Prof'l Collection Servs., Inc. v. Pope, 733 P.2d 396 (Okla. 1986).
· cites it 8× “Appellee relied upon the general chapter in the probate code governing claims against the estate; specifically 58 O.S.1971 § 331, which provided in pertinent part: Every executor or administrator must, immediately after his appointment, give notice to the creditors of the…”
Est. of Villines v. Szczepanski, 2005 OK 63 (Okla. 2005).
· cites it 2× “It found he neither filed his claim by the deadline nor did he bring a separate action against the personal representative to perfect his claim in accordance with the provisions of 58 O.S. § 331 et seq. 6 Creditor appealed.”
Tulsa Prof'l Collection Servs., Inc. v. Pope, 808 P.2d 640 (Okla. 1990).
· cites it 2× “Following Pope, the Oklahoma legislature amended the nonclaim statute to cure its constitutional defect. See 58 O.S.Supp.1988 §§ 331.”
Allred v. Rabon, 572 P.2d 979 (Okla. 1977).
“If an action is pending against the decedent at time of his death, the plaintiff must in like manner present his claim to the executor or administrator, for allowance or rejection, authenticated as required in other cases; and no recovery shall be had in the action unless proof…”
Stewart v. Farrel, 554 A.2d 1286 (N.H. 1989).
“Okla. Stat. tit. 58, §§ 331 , 333 (1981).”
Cooper v. Old Dominion Freight Line, Inc., 781 F. Supp. 2d 1177 (D. Kan. 2011).
· cites it 2× “Plaintiff has come forward with the her probate attorney’s affidavit that five claims were timely presented to plaintiff in the manner prescribed by Okla. Stat. tit. 58, § 331 . Defendants reply that “the court file does not evidence approval of any claim other than that of…”
Cordrey v. Cordrey, 579 P.2d 209 (Okla. Civ. App. 1978).
· cites it 2× “They evidently had filed no claim with the estate for these amounts because none appears in the record and they alleged that no such claim was necessary under the provision of 58 O.S.1971 §§ 331, 339 and 341 in that their “cause of action is purely equitable in nature.”
Anderson v. Merriott, 550 P.2d 1320 (Okla. 1976).
“1 Thus it was necessary for plaintiff to file her claims with petitioner within the time limits specified in 58 O.S.1971 § 331 2 in order for them not to be barred.”
Smith v. Roederer, 516 P.2d 257 (Okla. 1973).
“The trial court then sustained defendant’s motion for new trial, re-instated defendant’s demurrer and sustained defendant’s demurrer, for the reason that the suit was a contract action and plaintiff had not filed a claim in Scott’s estate as required by 58 O.S.1961, § 331. The…”
Guerra v. Starnes, 2016 OK CIV APP 42 (Okla. Civ. App. 2016).
· cites it 8× “NOTICE AND THE FILING OF CLAIMS ¶5 The trial court found that Guerra failed to make a claim with the Starnes' Estate regarding Guerra's pending lawsuit, and hence the lawsuit was barred by operation of the "non-claim" provisions of 58 O.S.2011 § 331 of Oklahoma's probate…”
Int'l Bank of Com. v. Franklin, 2019 OK CIV APP 56 (Okla. Civ. App. 2019).
· cites it 2× “Title 58 O.S. § 331 et seq. provides the probate procedure for claims against an estate.”
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