In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action provided in the said section may be brought by the widow, or where there is no widow, by the next of kin of such deceased.
§ 1054.Action For Death - Who May Sue
Chapter 17: Survival and Abatement of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1054 lets a nonresident decedent's widow, or next of kin if there's no widow, bring the wrongful death action described in Section 1053 when the decedent lived outside Oklahoma at death, or when a resident decedent has no personal representative appointed.
Full Text of § 1054
Amendment History
R.L. 1910, § 5282.
Plain-English Summary
Section 1053 gives the right to sue to a personal representative. This section covers the gap left when there isn't one -- either because the decedent's residence was in another state or territory at death, or because, despite being an Oklahoma resident, no personal representative has been appointed. In either case, the widow may bring the action, and if there's no widow, the next of kin may.
Frequently Asked Questions
Who sues for wrongful death if the decedent lived out of state?
The widow, or if there's no widow, the next of kin, under Section 1054.
What if the decedent was an Oklahoma resident but no personal representative was ever appointed?
The same rule applies -- the widow, or the next of kin if there's no widow, may bring the action.
Does this section create a new cause of action?
No. It identifies who may bring the action Section 1053 already establishes, when there's no personal representative to do so.
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: who can sue for wrongful death oklahoma no personal representative12 O.S. § 1054wrongful death nonresident decedent oklahoma