When a nonresident who is subject to the jurisdiction of a court of this state dies, the action shall continue and his personal representative shall be substituted as a party to the action although he was appointed as personal representative in some other jurisdiction if
§ 1085.Death of Nonresident
Chapter 18: Revivor of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1085 keeps an action alive when a nonresident subject to Oklahoma jurisdiction dies, substituting the personal representative even if appointed elsewhere, so long as the representative is served notice in-state, given actual notice where the claim arose in Oklahoma, or the action proceeds in rem with reasonable notice efforts.
Full Text of § 1085
(1) the personal representative is served in this state with notice of his substitution as a party to the action; or,
(2) the cause of action arose in this state and the personal representative is given actual notice by mail or by personal service outside of this state of his substitution as a party to the action;
(3) the action may continue as a proceeding in rem if a reasonable effort is made to notify the personal representative of the existence of the action.
Amendment History
Laws 1965, HB 820, c. 299, § 7.
Plain-English Summary
When a nonresident party subject to an Oklahoma court's jurisdiction dies, the action doesn't end. The decedent's personal representative gets substituted as a party, even if that representative was appointed in another jurisdiction, provided one of three conditions is met: the representative is served with notice of the substitution while in Oklahoma; the cause of action arose in Oklahoma and the representative gets actual notice of the substitution by mail or personal service outside the state; or the action continues as a proceeding in rem, so long as a reasonable effort is made to notify the representative that the action exists.
Frequently Asked Questions
What happens if a nonresident defendant dies while a lawsuit against them is pending in Oklahoma?
The action continues, and the decedent's personal representative is substituted as a party, even if that representative was appointed in another state, as long as one of the section's three notice conditions is met.
Does the personal representative have to be served with notice inside Oklahoma?
Not necessarily. If the cause of action arose in Oklahoma, actual notice by mail or personal service outside the state can satisfy the requirement instead.
Can the case continue as an in rem proceeding if the representative can't be found?
Yes, as long as a reasonable effort is made to notify the representative that the action exists.
Does it matter where the nonresident's personal representative was originally appointed?
No. The representative is substituted "although he was appointed as personal representative in some other jurisdiction," as long as one of the three notice conditions is satisfied.
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: death of nonresident defendant oklahoma lawsuitsubstituting personal representative out of state oklahoma12 O.S. § 1085in rem proceeding after death oklahoma