Okla. Stat. tit. 58, § 58-337
This is the official text of Okla. Stat. tit. 58, § 58-337, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Allowance and rejection of claims
Official statutory text
Oklahoma Statutes - Title 58. Probate Procedure Page 64
A. When a claim is presented to the personal representative,
the personal representative must endorse thereon allowance or
rejection, with the date thereof. If the personal representative
allows the claim, it must be presented, with the date of such
presentment noted thereon to the judge for approval by the judge,
who must, in the same manner, endorse upon it allowance or
rejection.
B. If the personal representative rejects the claim, in whole
or in part, the personal representative shall mail a notice of such
rejection to the creditor, by regular, first-class mail, to the
creditor's address last-known to the personal representative, not
later than five (5) days following the date of such partial or total
rejection.
C. 1. If the personal representative refuses or neglects to
endorse such allowance or rejection for thirty (30) days after the
claim has been presented to him, such refusal or neglect is
equivalent to a rejection on the thirtieth day after presentment of
the claim to the personal representative, regardless of the date on
which the claim may have been actually rejected in whole or in part.
2. If the judge refuses or neglects to endorse allowance or
rejection on a claim, allowed by the personal representative, within
thirty (30) days after the claim is presented to the judge, such
refusal or neglect is equivalent to a rejection on the thirtieth day
after presentment of the claim to the judge.
D. If the claim be presented to the personal representative
before the expiration of the time limited for the presentation of
claims, the same is presented in time, though acted upon by the
personal representative and/or by the judge after the expiration of
such time.
E. A claim presented to the personal representative at the
personal representative's place of residence or business or at the
personal representative's attorney's place of business prior to
first publication of the notice shall be considered validly
presented, shall be deemed to have been presented on the date of
first publication of the notice and shall not be acted upon by the
personal representative prior to such date, and the personal
representative shall not be required to give notice to such creditor
by mail, other than notice of rejection if the claim is rejected in
whole or in part to the creditor who presented such claim.
F. For estate proceedings commenced after October 31, 2008, the
following provisions shall apply:
1. If the personal representative rejects a claim, in whole or
in part, but refuses or neglects to mail a notice of the rejection
not later than five (5) days following the date of partial or total
rejection as required in paragraph B of this section, the forty-
five-day time period for limitation of actions as specified in
Section 339 of this title shall not begin until the personal
Oklahoma Statutes - Title 58. Probate Procedure Page 65
representative has mailed notice of rejection to the creditor by
regular, first-class mail to the creditor’s last-known address. In
no event shall such limitation extend past the date that a petition
for final accounting is filed; and
2. If the treatment of any claim by the personal representative
or judge is deemed equivalent to a rejection, as described in
paragraph 1 or 2 of subsection C of this section, the forty-five-day
time period for limitation of actions specified in Section 339 of
this title shall not begin until the personal representative has
mailed notice of the deemed rejection to the creditor by regular,
first-class mail to the creditor’s last-known address. In no event
shall such limitation extend past the date that a petition for final
accounting is filed.
R.L. 1910, § 6342. Amended by Laws 1965, c. 206, § 1; Laws 1988, c.
228, § 11, emerg. eff. June 22, 1988; Laws 2008, c. 326, § 1, eff.
Nov. 1, 2008.
A. When a claim is presented to the personal representative,
the personal representative must endorse thereon allowance or
rejection, with the date thereof. If the personal representative
allows the claim, it must be presented, with the date of such
presentment noted thereon to the judge for approval by the judge,
who must, in the same manner, endorse upon it allowance or
rejection.
B. If the personal representative rejects the claim, in whole
or in part, the personal representative shall mail a notice of such
rejection to the creditor, by regular, first-class mail, to the
creditor's address last-known to the personal representative, not
later than five (5) days following the date of such partial or total
rejection.
C. 1. If the personal representative refuses or neglects to
endorse such allowance or rejection for thirty (30) days after the
claim has been presented to him, such refusal or neglect is
equivalent to a rejection on the thirtieth day after presentment of
the claim to the personal representative, regardless of the date on
which the claim may have been actually rejected in whole or in part.
2. If the judge refuses or neglects to endorse allowance or
rejection on a claim, allowed by the personal representative, within
thirty (30) days after the claim is presented to the judge, such
refusal or neglect is equivalent to a rejection on the thirtieth day
after presentment of the claim to the judge.
D. If the claim be presented to the personal representative
before the expiration of the time limited for the presentation of
claims, the same is presented in time, though acted upon by the
personal representative and/or by the judge after the expiration of
such time.
E. A claim presented to the personal representative at the
personal representative's place of residence or business or at the
personal representative's attorney's place of business prior to
first publication of the notice shall be considered validly
presented, shall be deemed to have been presented on the date of
first publication of the notice and shall not be acted upon by the
personal representative prior to such date, and the personal
representative shall not be required to give notice to such creditor
by mail, other than notice of rejection if the claim is rejected in
whole or in part to the creditor who presented such claim.
F. For estate proceedings commenced after October 31, 2008, the
following provisions shall apply:
1. If the personal representative rejects a claim, in whole or
in part, but refuses or neglects to mail a notice of the rejection
not later than five (5) days following the date of partial or total
rejection as required in paragraph B of this section, the forty-
five-day time period for limitation of actions as specified in
Section 339 of this title shall not begin until the personal
Oklahoma Statutes - Title 58. Probate Procedure Page 65
representative has mailed notice of rejection to the creditor by
regular, first-class mail to the creditor’s last-known address. In
no event shall such limitation extend past the date that a petition
for final accounting is filed; and
2. If the treatment of any claim by the personal representative
or judge is deemed equivalent to a rejection, as described in
paragraph 1 or 2 of subsection C of this section, the forty-five-day
time period for limitation of actions specified in Section 339 of
this title shall not begin until the personal representative has
mailed notice of the deemed rejection to the creditor by regular,
first-class mail to the creditor’s last-known address. In no event
shall such limitation extend past the date that a petition for final
accounting is filed.
R.L. 1910, § 6342. Amended by Laws 1965, c. 206, § 1; Laws 1988, c.
228, § 11, emerg. eff. June 22, 1988; Laws 2008, c. 326, § 1, eff.
Nov. 1, 2008.
Status: in_force · Read it on the official government site
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