Detailed Answer
Under Oklahoma probate law, a personal representative must notify all potential creditors— including medical debt collectors—so they can file valid claims against a decedent’s estate. Oklahoma law sets specific publication, mailing, and deadlines governed by Title 58 of the Oklahoma Statutes.
1. Publication Notice
Within 30 days of appointment, the personal representative must publish a “Notice to Creditors” once a week for four consecutive weeks in a newspaper of general circulation in the county where probate is pending. This requirement appears in 58 O.S. § 217 (58 O.S. § 217). Publication alerts unknown creditors and satisfies due process.
2. Mail Notice to Known Creditors
The representative must also mail a written notice to each known or reasonably ascertainable creditor within two months after appointment. This includes medical providers and debt collectors if the estate’s records disclose outstanding medical bills. See 58 O.S. § 232 (58 O.S. § 232).
3. Deadline for Filing Claims
Creditors then have four months from the date of first publication to present their claims to the court. Claims filed after this “claim period” are barred unless the court grants an extension for good cause.
4. Treatment of Medical Debt Collectors
Medical debt collectors count as ordinary creditors. They must submit a written, itemized claim with documentation of treatment dates and amounts. The personal representative reviews each claim, allowing valid ones and contesting those lacking support.
5. Rejection and Court Action
If the representative disputes a claim, they must file a written objection with the court. The creditor may then petition for allowance, triggering a court hearing. Unresolved claims usually require court adjudication.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Oklahoma attorney.
Helpful Hints
- Compile a list of all known creditors and track mailing dates.
- Confirm newspaper publication deadlines in the probate county.
- Keep copies of published notices and mailing receipts.
- Require detailed billing statements before approving medical debt claims.
- Consult an attorney before rejecting or negotiating creditor claims.