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

Okla. Stat. tit. 58, § 339 (2026)

Suit on rejected claim

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When a claim is rejected, either by the executor or administrator, or the judge of the district court, the holder may bring suit as an ancillary proceeding in the probate case or as an independent action, according to its amount, against the executor or administrator. Any proceeding or action shall be filed within forty-five (45) days after the date the claim was rejected, if it be then due, or within two (2) months after it becomes due; otherwise the claim is forever barred. If suit be brought as an ancillary proceeding, no process need be issued for service on the executor or administrator and pleadings and practice therein shall be the same as if an independent action had been brought to recover upon the claim. R.L.1910, § 6344; Laws 1976, c. 140, § 1, eff. Oct. 1, 1976.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1954–2022 · leading case: Glover v. Cornish, 2016 OK 6, 367 P.3d 486.
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Glover v. Cornish, 2016 OK 6, 367 P.3d 486. “2d 1320 , this Court explained: [58 O.S. § 339] recognizes an unimatured debt is entitled to the same protection and remedies as one which is due before the death of the debtor.”
In the Matter of the Est. of Carlson, 2016 OK 6. · cites it 4× “2d 1320, this Court explained: [58 O.S. § 339] recognizes an unmatured debt is entitled to the same protection and remedies as one which is due before the death of the debtor.”
Whitman v. Whitman, 397 P.2d 664 (Okla. 1964). · cites it 2× “On the death of a judgment debtor, a money judgment creditor is relegated to the procedure provided by Title 58 O.S.1961, §§ 339, 345 and 346, for the establishment and enforcement of such judgment as a claim against the estate of the deceased judgment debtor.”
Anderson v. Merriott, 550 P.2d 1320 (Okla. 1976). · cites it 2× “The statute in question is 58 O.S.1971 § 339: “ § 339. Suit on rejected claim — When a claim is rejected, either by the executor or administrator, or the judge of the county court, the holder must bring suit in the proper court, according to its amount, against the executor or…”
Robertson v. Robertson, 654 P.2d 600 (Okla. 1982). “Under 58 O.S.1981, § 339 an action on the claims must be filed within 45 days after a claim has been rejected.”
Tucker v. Zachary, 269 P.2d 773 (Okla. 1954). “Defendant’s argument is to the effect that the filing of the claim with the administrator amounted to an election of remedies.”
State ex rel. Otjen v. Mayhue, 476 P.2d 317 (Okla. 1970). “In this connection we note our statute, 58 O.S.1961 § 339, requiring suit to be brought to establish correctness of a rejected claim, *319 provides for such action “ * * * in the proper court, according to its amount * * * ” as the only requirement.”
Haddock v. Williams, 378 P.2d 774 (Okla. 1963). “We find it unnecessary to determine this contention for if such contention is assumed to be correct, under Title 58 O.S.1961 § 339, the claim is barred. This section provides that when a claim is rejected, either by the Executor or the Judge of the County Court, the holder must…”
In the Matter of the Est. of Powers, 2022 OK CIV APP 26, 514 P.3d 1100. · cites it 3× “We note that the term ancillary proceeding is not only used in Oklahoma in contradistinction to the term domiciliary proceeding, but it is also sometimes employed to refer to a suit brought pursuant to 58 O.S. 2011 § 339 See 58 O.S. 2011 § 339 In re Estate of Bleeker , 2007 OK…”
Gardner v. Boston, 571 P.2d 437 (Okla. 1977). “a statutory substitute for the procedure of the probate code for the establishment of a money judgment rendered against a decedent judgment debtor during his lifetime as an obligation of and claim against his estate, but such judgment must be presented as a claim against the…”
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