Oklahoma § 58-333 - Bar of claims not presented in time - Exceptions

§ 58-333. Bar of claims not presented in time - Exceptions

All claims arising upon contracts entered into prior to the

decedent's death, whether the same be due, not due or contingent,

must be presented on or before the presentment date as provided in

the notice, and any claim not so presented is barred forever;

provided, however, that when it is made to appear by the affidavit

of the claimant, to the satisfaction of the personal representative

and the judge of the district court, as duly noted on the claim,

that the claimant had no notice by reason of being out of the state

and that a copy of the notice to creditors was not mailed to said

claimant, the claim may be presented at any time before a final

decree of distribution is entered; provided, further, that nothing

in this section, nor in this chapter contained, shall be construed

to prohibit the right or limit the time of foreclosure of mortgages

upon real property of decedents, but every such mortgage may be

foreclosed within the time and in the mode prescribed in civil

procedure, except that no balance of the debt secured by such

mortgage remaining unpaid after foreclosure shall be a claim against

the estate, unless such debt was presented as required by this code.

Amended by Laws 1988, c. 228, § 8, emerg. eff. June 22, 1988; Laws

1991, c. 148, § 2, eff. Sept. 1, 1991.