Tulsa Professional Collection Services v. Pope

485 U.S. 478 (1988)

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Nature of the Case

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Facts

Oklahoma probate law requires creditors to file claims against an estate within a specified period of time and bars untimely claims. Claims arising on contract generally are to be presented to the executor within 2 months of the publication of a notice advising creditors of the commencement of probate proceedings. Notice must be published in some newspaper in the county once each week for two consecutive weeks. Pope died testate on April 2, 1979. Probate proceedings were initiated, and notice was published beginning July 17, 1979. Tulsa Professional Collection Services was the assignee of a claim for expenses connected with Pope's stay at the hospital. No claim was filed within the two-month period. In October 1983, an application for order compelling payment of expenses of last illness was filed, and Tulsa argued that this was possible under another statute that required an executrix to pay the expenses for last illness. The district court denied this argument and Tulsa appealed. The Supreme Court granted certiorari.