THE STATE OF OKLAHOMA ex rel. PANTER v. MCVEA

Citations

• 2025 OK CIV APP 13

Syllabus

¶1 Sherral McVea 1 , in her capacity as personal representative of the estate of Larry McVey, appeals the district court's denial of her motion to vacate a default judgment of forfeiture against the property of the late Larry McVey. On review we find that a personal representative was the only proper party to receive notice and an opportunity to raise claims and defenses that the deceased could have raised. No personal representative had been appointed at the time of notice, and the state did not use the 12 O.S. § 2025 procedure to substitute a personal representative for the deceased. As such, we reverse the decision of the district court and remand for additional proceedings consistent with this opinion.