Tulsa Professional Collection Services, Inc. v. Pope

485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565, 1988 U.S. LEXIS 1870
CourtSupreme Court of the United States
DecidedApril 19, 1988
Docket86-1961
StatusPublished
Cited by901 cases

This text of 485 U.S. 478 (Tulsa Professional Collection Services, Inc. v. Pope) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565, 1988 U.S. LEXIS 1870 (1988).

Opinions

Justice O’Connor

delivered the opinion of the Court.

This case involves a provision of Oklahoma’s probate laws requiring claims “arising upon a contract” generally to be presented to the executor or executrix of the estate within two months of the publication of a notice advising creditors of the commencement of probate proceedings. Okla. Stat., Tit. 58, § 333 (1981). The question presented is whether this provision of notice solely by publication satisfies the Due Process Clause.

I

Oklahoma’s Probate Code requires creditors to file claims against an estate within a specified time period, and generally bars untimely claims. Ibid. Such “nonclaim statutes” are almost universally included in state probate codes. See Uniform Probate Code § 3-801, 8 U. L. A. 351 (1983); Falender, Notice to Creditors in Estate Proceedings: What Process is Due?, 63 N. C. L. Rev. 659, 667-668 (1985). Giving creditors a limited time in which to file claims against the estate serves the State’s interest in facilitating the adminis[480]*480tration and expeditious closing of estates. See, e. g., State ex rel. Central State Griffin Memorial Hospital v. Reed, 493 P. 2d 815, 818 (Okla. 1972). Nonclaim statutes come in two basic forms. Some provide a relatively short time period, generally two to six months, that begins to run after the commencement of probate proceedings. Others call for a longer period, generally one to five years, that runs from the decedent’s death. See Falender, supra, at 664-672. Most States include both types of nonclaim statutes in their probate codes, typically providing that if probate proceedings are not commenced and the shorter period therefore never is triggered, then claims nonetheless may be barred by the longer period. See, e. g., Ark. Code Ann. §§ 28-50-101(a), (d) (1987) (three months if probate proceedings commenced; five years if not); Idaho Code § 15-3-803(a)(1)(2) (1979) (four months; three years); Mo. Rev. Stat. §§ 473.360(1), (3) (1986) (six months; three years). Most States also provide that creditors are to be notified of the requirement to file claims imposed by the nonclaim statutes solely by publication. See Uniform Probate Code § 3-801, 8 U. L. A. 351 (1983); Falender, supra, at 660, n. 7 (collecting statutes). Indeed, in most jurisdictions it is the publication of notice that triggers the nonclaim statute. The Uniform Probate Code, for example, provides that creditors have four months from publication in which to file claims. Uniform Probate Code § 3-801, 8 U. L. A. 351 (1983). See also, e. g., Ariz. Rev. Stat. Ann. § 14-3801 (1975); Fla. Stat. § 733.701 (1987); Utah Code Ann. § 75-3-801 (1978).

The specific nonclaim statute at issue in this case, Okla. Stat., Tit. 58, § 333 (1981), provides for only a short time period and is best considered in the context of Oklahoma probate proceedings as a whole. Under Oklahoma’s Probate Code, any party interested in the estate may initiate probate proceedings by petitioning the court to have the will proved. § 22. The court is then required to set a hearing date on the petition, § 25, and to mail notice of the hearing “to all heirs, [481]*481legatees and devisees, at their places of residence,” §§25, 26. If no person appears at the hearing to contest the will, the court may admit the will to probate on the testimony of one of the subscribing witnesses to the will. § 30. After the will is admitted to probate, the court must order appointment of an executor or executrix, issuing letters testamentary to the named executor or executrix if that person appears, is competent and qualified, and no objections are made. § 101.

Immediately after appointment, the executor or executrix is required to “give notice to the creditors of the deceased.” §331. Proof of compliance with this requirement must be filed with the court; § 332. This notice is to advise creditors that they must present their claims to the executor or executrix within two months of the date of the first publication. As for the method of notice, the statute requires only publication: “[S]uch notice must be published in some newspaper in [the] county once each week for two (2) consecutive weeks.” §331. A creditor’s failure to file a claim within the 2-month period generally bars it forever. § 333. The nonclaim statute does provide certain exceptions, however. If the creditor is out of State, then a claim “may be presented at any time before a decree of distribution is entered.” § 333. Mortgages and debts not yet due are also excepted from the 2-month time limit.

This shorter type of nonclaim statute is the only one included in Oklahoma’s Probate Code. Delays in commencement of probate proceedings are dealt with not through some independent, longer period running from the decedent’s death, see, e. g., Ark. Code Ann. § 28-50-101(d) (1987), but by shortening the notice period once proceedings have started. Section 331 provides that if the decedent has been dead for more than five years, then creditors have only one month after notice is published in which to file their claims. A similar 1-month period applies if the decedent was intestate. § 331.

[482]*482II

H. Everett Pope, Jr., was admitted to St. John Medical Center, a hospital in Tulsa, Oklahoma, in November 1978. On April 2, 1979, while still at the hospital, he died testate. His wife, appellee JoAnne Pope, initiated probate proceedings in the District Court of Tulsa County in accordance with the statutory scheme outlined above. The court entered an order setting a hearing. Record 8. After the hearing the court entered an order admitting the will to probate and, following the designation in the will, id., at 2, named appellee as the executrix of the estate. Id., at 12. Letters testamentary were issued, id., at 13, and the court ordered appellee to fulfill her statutory obligation by directing that she “immediately give notice to creditors.” Id., at 14. Appellee published notice in the Tulsa Daily Legal News for two consecutive weeks beginning July 17, 1979. The notice advised creditors that they must file any claim they had against the estate within two months of the first publication of the notice. Id., at 16.

Appellant Tulsa Professional Collection Services, Inc., is a subsidiary of St. John Medical Center and the assignee of a claim for expenses connected with the decedent’s long stay at that hospital. Neither appellant, nor its, parent company, filed a claim with appellee within the 2-month time period following publication of notice. In October 1983, however, appellant filed an Application for Order Compelling Payment of Expenses of Last Illness. Id., at 28. In making this application, appellant relied on Okla. Stat., Tit. 58, § 594 (1981), which indicates that an executrix “must pay . . . the expenses of the last sickness.” Appellant argued that this specific statutory command made compliance with the 2-month deadline for filing claims unnecessary. The District Court of Tulsa County rejected this contention, ruling that even claims pursuant to § 594 fell within the general requirements of the nonclaim statute.

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Cite This Page — Counsel Stack

Bluebook (online)
485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565, 1988 U.S. LEXIS 1870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tulsa-professional-collection-services-inc-v-pope-scotus-1988.