If a person who is either jointly or jointly and severally liable on a contract or obligation dies before an action is brought to enforce the contract or obligation and if the cause of action survives, the decedent's estate may be joined as a party to an action to enforce the contract or obligation.
§ 1084.Enforcement of Contracts Or Obligations
Chapter 18: Revivor of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1084 lets a decedent's estate be joined as a party in an action to enforce a contract or obligation on which the decedent was jointly or jointly and severally liable, if the decedent died before suit was brought and the cause of action survives.
Full Text of § 1084
Amendment History
Laws 1965, HB 820, c. 299, § 6.
Plain-English Summary
This section covers a person who dies before ever being sued on a joint or joint-and-several obligation. If the cause of action survives, the decedent's estate can be joined as a party in the action brought to enforce that contract or obligation.
Frequently Asked Questions
Can I sue a deceased co-obligor's estate on a joint contract in Oklahoma?
Yes, under Section 1084, if the cause of action survives, the estate can be joined as a party to the enforcement action.
Does this section apply to obligations that are only jointly liable, or also joint-and-several ones?
Both. The text covers a person "jointly or jointly and severally liable on a contract or obligation."
What has to be true for the estate to be joined under this section?
The liable person must have died before the action was brought, and the cause of action must survive their death.
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: joining deceased co-debtor's estate oklahomajoint and several liability death before suit oklahoma12 O.S. § 1084enforce contract against estate oklahoma