When a noncustodial parent dies testate (with a will) and a probate is filed in the county where the noncustodial parent lived at the time of death, the personal representative must give notice to a child support obligee (including CSS). The obligee must file a creditor’s claim for the past due child support by the date specified in the Notice to Creditors.
If a noncustodial parent dies intestate (without a will) and no probate has been filed on the decedent’s estate, a creditor of the decedent can file a probate to liquidate the assets for payment of child support. The creditor’s probate would require the same notice and time requirements as other probate actions filed by the decedent’s heirs.
If the noncustodial parent is an heir in a probate proceeding, an entry of appearance and request for distribution can be filed prior to distribution of the estate. A creditor of the noncustodial parent has the right to basically step in the noncustodial parent’s shoes and collect the noncustodial parent’s estate proceeds.
Legal Authority
- 58 O.S. § 331
- 58 O.S. § 122
- 58 O.S. § 634.1; In re Hunter’s Estate, 1974 OK CIV APP 17, 522 P.2d 1340.