Oklahoma § 58-337

§ 58-337.

Allowance and rejection of claims.

Oklahoma Statutes - Title 58. Probate Procedure

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 fortyfive-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

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.