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

Okla. Stat. tit. 58, § 346 (2026)

Judgments before death, how collected

✓ current as of July 2026
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

When any judgment has been rendered for or against the testator or intestate in his lifetime, no execution shall issue thereon after his death, except:

1. In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interests. 2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon. A judgment against the decedent for the recovery of money, must be presented to the executor or administrator, like any other claim. If the execution is actually levied upon any property of the decedent before his death, the same may be sold for the satisfaction thereof, and the officer making the sale must account to the executor or administrator for any surplus in his hands. R.L.1910, § 6351.

Notes of Decisions
Cited in 3 cases, 1952–2010 · leading case: Malicoate v. Stand. Life & Accident Ins. Co., 2000 OK CIV APP 37 (Okla. Civ. App. 2000).
Sort: Relevance Newest Treatment
Malicoate v. Stand. Life & Accident Ins. Co., 2000 OK CIV APP 37 (Okla. Civ. App. 2000). “¶ 29 In support of its dismissal motion, Employer also argued that the only forum for resolving Wife’s lien claim is in the pending probate' proceeding, citing as its authority, 58 O.S.1991 § 346, which requires that “[a] judgment against the decedent for the recovery of money,…”
Elder v. Smith, 987 A.2d 36 (Md. 2010). “§ 28A-19-6 (2009); Okla. Stat. Ann. tit. 58, § 346 (West 1995); Or.”
Brewster v. Herron, 267 P.2d 143 (Okla. 1952). “By the terms of 58 O.S.1951 § 346, no such revivor was required.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.