The Oklahoma Bar Journal November 2024

weeks, 45 with the first publication appearing within 10 days of filing the notice, and proof of such publi cation must be filed with the court. 46 There is no prescribed form for a creditor’s claim against an estate, but the claim must be signed by the claimant or the claimant’s autho rized representative; state the exact amount claimed; state the nature and source of the claim with rea sonable particularity; describe the security interest, mortgage or lien, if any, that has been filed of record and the collateral covered; and, if the claim is not due when it is pre sented or is contingent, it must state the particulars of such claim. 47 The PR must allow or reject each claim within 30 days of the claim being presented to the PR. The PR must “endorse thereon” and date his or her allowance or rejection. If the PR allows a claim, it must be pre sented to the judge for allowance or rejection with the date of the presentment noted. 48 Every claim allowed by the PR and approved by the judge, must be filed with the court within 30 days after approval by the judge and “ranked among acknowledged debts” to be paid. 49 Failure of either the PR or the judge to endorse an allowance or rejection of a claim within their respective 30 days results in the claim being “deemed” rejected after the 30th day from presentment to the PR or the judge, respectively. 50 If a claim is rejected, the PR must mail a notice of rejection by first-class mail to the claimant within five days of the rejection. 51 The claim ant has 45 days from the date of rejection to bring suit on the claim if it is then due, or within two months after it becomes due, or the claim will be barred. 52 No suit can be brought on a claim unless the claim was first presented to the PR. 53

including searching the decedent’s personal effects after the decedent’s death and prior to the filing of the notice to determine the identity of creditors and their addresses. 41 An affidavit of mailing must be filed stating that the PR, or the PR by and through the PR’s attorney, mailed notice by first-class mail to all creditors of the decedent known to the PR as of the date the notice was filed, identifying said credi tors and their last-known mailing addresses, and the date the notice was mailed or delivered. 42 Such an affidavit should be signed by the PR, rather than the attorney, because it contains affirmations of the PR’s diligent effort to deter mine and identify creditors. 43 If notice to creditors was not mailed because the decedent had no known creditors or because one or more creditor’s address was not known, an affidavit of nonmailing stating the reasons for not mailing must be filed. 44 Notice to creditors must also be published in a newspaper in the county where the probate is filed, once a week for two consecutive

NOTICE TO CREDITORS AND ALLOWANCE OR REJECTION OF CLAIMS Within two months after the issuance of letters, the PR must file notice to the creditors of the decedent stating that claims against the estate will be forever barred unless pre sented to the PR by the date stated in the notice. 37 A form for such notice is provided in Section 331 of the probate code. The presentment date must be a “date certain,” meaning that it must be a specific date ( e.g. , “Oct. 31, 2024,” not “60 days from receipt of notice”), that is at least two months from the date said notice is filed. 38 Within 10 days of filing the notice, a file-stamped copy of the notice must be mailed by first-class mail or personally delivered to “all known creditors” of the decedent at their last-known addresses. 39 This means notice must be mailed to those creditors who are “actually known” and “reasonably ascertain able” to the PR as of the date notice to creditors is filed. 40 “Reasonably ascertainable” means the PR must use “reasonably diligent efforts,”

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL