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OK SB2104

OK SB2104
Trusts; modifying requirements related to management and enforceability of trusts. Effective date.


summary

Introduced
02/02/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act relating to trusts; amending 60 O.S. 2021, Section 175.23, which relates to jurisdiction of district court; clarifying venue of certain actions; clarifying necessary parties to certain actions; directing applicability of certain provisions; amending 60 O.S. 2021, Section 175.717, which relates to exceptions to power of distribution; modifying certain exceptions; amending Section 39, Chapter 369, O.S.L. 2024 (60 O.S. Supp. 2025, Section 1402), which relates to nonjudicial settlement agreements; defining term; directing applicability of certain provisions; amending Section 3, Chapter 254, O.S.L. 2025 (60 O.S. Supp. 2025, Section 1601.3), which relates to Oklahoma Uniform Trust Code definitions; modifying definitions; providing for enforceability of certain provisions; providing exceptions; providing certain evidentiary standard; construing provisions; amending Section 46, Chapter 254, O.S.L. 2025 (60 O.S. Supp. 2025, Section 1607.7), which relates to delivery of property by former trustee; modifying requirements for delivery of trust property by certain trustee; establishing procedures for trustee to obtain a nonjudicial settlement of account; requiring certain notice; stating required contents of certain notice; establishing procedures for objection to certain settlement; providing for distribution of trust assets under certain circumstances; barring certain claims; directing applicability of certain provisions; amending Sections 71 and 74, Chapter 254, O.S.L. 2025 (60 O.S. Supp. 2025, Sections 1609.7 and 1610.3), which relate to certification of trust and applicability; clarifying statutory reference; construing provisions; updating statutory references; providing for codification; and providing an effective date.

AI Summary

This bill modifies several aspects of trust management and enforceability in Oklahoma. It clarifies venue and necessary parties for court actions involving trusts, ensuring that qualified beneficiaries, current trustees, and those actually receiving distributions are included in proceedings. The bill also updates definitions within the Oklahoma Uniform Trust Code, particularly for "qualified beneficiary," to broaden the scope of individuals considered to have an interest in a trust. A significant provision allows trustees to seek a nonjudicial settlement of their accounts by providing detailed notice to beneficiaries; if no objections are raised within a specified timeframe, the account is considered approved, and claims against the trustee are barred, similar to a court order. Additionally, the bill clarifies the enforceability of "no-contest" clauses in trusts, requiring a beneficiary to prove just cause and good faith to avoid forfeiture if they challenge the trust. It also modifies requirements for a trustee to deliver trust property upon resignation or removal and updates provisions related to certifications of trust and the applicability of trust laws.

Committee Categories

Justice

Sponsors (1)

Last Action

Placed on General Order (on 02/12/2026)

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