In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.
§ 1051.Causes of Action that Survive
Chapter 17: Survival and Abatement of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1051 adds mesne profits, injury to the person or to real or personal estate, and deceit or fraud to the causes of action that survive a party's death, on top of whatever already survives at common law.
Full Text of § 1051
Amendment History
R.L. 1910, § 5279.
Plain-English Summary
At common law, many personal causes of action died with the person. This section expands what survives in Oklahoma: mesne profits (the profits someone in wrongful possession of land collects while the litigation over title is pending), injury to the person, injury to real or personal property, and deceit or fraud all survive death. The action may go forward notwithstanding the death of the person who was entitled to bring it, or of the person who would have been liable.
Frequently Asked Questions
Does a personal injury claim die with the injured person under Oklahoma law?
No. Section 1051 specifically makes causes of action for injury to the person survive, in addition to whatever survives at common law.
What are "mesne profits"?
Profits collected from land by someone in wrongful possession of it while the dispute over title is pending -- a claim this section lists among those that survive death.
Does a fraud claim survive if the defendant dies before the case is resolved?
Yes. Deceit or fraud is one of the causes of action this section lists as surviving.
Does this section replace the causes of action that already survive at common law?
No. It adds to them; the causes of action that survive at common law still survive, in addition to the ones this section lists.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: what claims survive death oklahomamesne profits survival oklahoma12 O.S. § 1051survival of causes of action oklahoma