What Happens When an Estate Is Insolvent in Oklahoma?
Enter the estate's assets and the claims in each class of Oklahoma's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Oklahoma then pays the claims in 9 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs out58 O.S. § 591Verified Sep 23, 2026View source.
1. Funeral expenses58 O.S. § 591(1)Verified Sep 23, 2026View source. 2. Expenses of last sickness58 O.S. § 591(2)Verified Sep 23, 2026View source. 3. Family support allowed by the court58 O.S. § 591(3)Verified Sep 23, 2026View source. 4. Taxes (US, state, county, city)58 O.S. § 591(4)Verified Sep 23, 2026View source. 5. Debts with federal and state preference58 O.S. § 591(5)Verified Sep 23, 2026View source. 6. Lifetime judgments that are liens on the decedent's property, and mortgages (in order of date)58 O.S. § 591(6)Verified Sep 23, 2026View source. 7. Claims presented or proved within 2 months after first publication of notice to creditors58 O.S. § 591(7)Verified Sep 23, 2026View source. 8. All other demands58 O.S. § 591(8)Verified Sep 23, 2026View source. 9. Interest from extension of time to pay federal estate or transfer taxes58 O.S. § 591(9)Verified Sep 23, 2026View source.
Oklahoma's statute sets the rule class by class rather than one rule for every class58 O.S. §§ 591(6), 593Verified Sep 23, 2026View source.
Oklahoma's statutes state no rule on the executor's personal liability for the decedent's debts, paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
Oklahoma law recognizes that a person named as executor may refuse the appointment (58 O.S. § 23; 58 O.S. § 103) but prescribes no particular document. A signed written renunciation filed with the court states the refusal on the record. Renunciation of Executor for Oklahoma
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