All Roll Calls
Yes: 156 • No: 45
OklahomaHB 1850Oklahoma 2026 Regular SessionHouseWALLET
Trusts; creating the Uniform Trust Code; definitions; creditor claims; revocable trusts; trustees; duties and powers of trustee; trustee liability; severability; effective date.
Sponsored By: Suzanne Schreiber (Democratic)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
19 provisions identified: 12 benefits, 0 costs, 7 mixed.
Revocable trust partners face new liability
Starting Nov 1, 2025, if a revocable trust is a general partner, the settlor is personally liable like a general partner. A trustee who clearly signs in a fiduciary role is usually not personally liable on later partnership contracts. The protection does not apply if the contract imposes personal liability, for the trustee’s own fault in torts, or when the interest is held in a non‑trust capacity or by certain family members. This shifts risk to settlors while reducing some risk for trustees.
No self-dealing and better beneficiary info
Trustees must act only for beneficiaries’ benefit; self‑dealing deals can be undone unless validly authorized. Trustees must keep qualified beneficiaries informed, including contact details within 60 days, notice when a trust becomes irrevocable, and at least annual reports. These 60‑day rules do not cover trustees or trusts already in place before Nov 1, 2025.
Short trust certificate speeds transactions
Starting Nov 1, 2025, a trustee can give a signed certification of trust instead of the full document. It lists key facts and states the trust has not been changed in a way that makes it wrong. People who rely on it in good faith are protected and can enforce their deal against trust property. Bad‑faith demands for the full trust can lead to damages.
Stronger trustee duties to protect assets
Trustees must act in good faith, be prudent, and treat beneficiaries fairly. They must use any special skills they promised and keep trust property safe. Trustees must keep clear records and not mix trust money with their own. They must pursue claims for the trust and recover assets from former trustees when needed.
Oklahoma adopts modern trust rules
Beginning Nov 1, 2025, the Oklahoma Uniform Trust Code applies to trusts made before, on, or after that date. A trust’s own terms usually control, but some core duties and protections cannot be waived. Courts keep using common‑law and will‑reading rules where the statute is silent. The Code defines key terms, sets a knowledge standard, and clarifies which state’s law applies. Ongoing court cases from before that date can stay on prior rules if switching would be unfair.
New rules for revocable trusts
You need the same capacity as for a will to make or change a revocable trust. While the settlor is alive and able, the trustee follows the settlor’s directions and owes duties mainly to the settlor. Creditors can reach property in a revocable trust during life, and after death if the probate estate is short. You can contest a revocable trust within three years after the later of the settlor’s death or when you learned of the trust and its terms. After death, a trustee may distribute assets and is protected unless the trustee knows of a contest or certain claims, or is warned and a case starts within 60 days.
Rules on trustee pay and expenses
If the trust is silent, a trustee gets reasonable pay. Courts can raise or lower set fees that are unreasonably high or low, or when duties change. Trustees may charge only reasonable administration costs. Trustees can be repaid for proper expenses and may place a lien on trust assets to secure advances.
Stronger guardrails on trustee actions
Trustees must use discretion in good faith and may face limits when they are also beneficiaries. A trustee cannot use discretion to pay the trustee’s own support duties, and special exceptions apply for certain tax-favored trusts. Trustees have broad powers to manage property, run a business, borrow, and make loans to beneficiaries with liens for repayment. If a trustee profits from trust administration, the trustee must account for that profit to affected beneficiaries. Claims may be brought against the trustee in a fiduciary role even when personal liability is limited.
Clear rules for charitable trusts
The law lists valid charitable purposes like helping the poor, education, religion, health, and public projects. If terms are unclear, a court can choose a purpose or beneficiary that fits the settlor’s intent. If a charitable purpose becomes unlawful, impossible, impracticable, or wasteful, the court can redirect the trust to a similar charitable use. A noncharitable fallback only controls if the property would return to a living settlor at that time.
Clear rules to create valid trusts
The law explains how to set up a trust. You can transfer property to a trustee, declare yourself trustee, or use a power of appointment. A trust must have a lawful, possible purpose and must benefit its beneficiaries. Oral trusts are allowed, but you must prove them by clear and convincing evidence. Trusts made by fraud, duress, or undue influence are void. The law also recognizes certain noncharitable purpose trusts and trusts valid under related states’ laws.
E-signatures for trust documents
Beginning November 1, 2025, electronic trust records and signatures follow the federal E‑SIGN rules. The law confirms their legal effect, validity, and enforceability. This helps families, trustees, and banks use e‑signatures with more confidence.
Easier fixes and changes to trusts
The law lets people change or end trusts with court approval in more cases. A court can approve changes when all consent, when new events arise, or to meet tax goals or the settlor’s true intent. Trustees can propose changes, and the court can fix mistakes proven by clear and convincing evidence. Trustees may also combine trusts or split one trust after notice if no one’s rights are harmed. A trust can end when its purpose is finished or becomes unlawful or impossible. The consent rule does not apply to trusts that were already irrevocable before November 1, 2025.
End tiny trusts under $50,000
A trustee can end a trust with less than $50,000 when running it costs too much. The trustee must give notice to qualified beneficiaries first. A court can also change or end the trust or remove the trustee for the same reason. This rule does not apply to conservation or preservation easements.
How trustees start, leave, or change
A person accepts a trusteeship by acting like the trustee or by the method in the trust, and may reject it. A trustee can resign with at least 30 days’ notice or with court approval, and must protect assets until a proper handoff. Courts may require a bond when needed to protect beneficiaries; regulated trust institutions do not have to post bond. Co-trustees can act by majority and must try to stop serious breaches by others. The law sets the order to fill vacancies and the grounds to remove a trustee, and lets courts give interim protection. Courts can also appoint someone to represent minors, incapacitated, unborn, or missing persons in trust matters.
Rules for life insurance in trusts
A trustee has an insurable interest to own life insurance for the trust when the insured is the settlor or someone the settlor had an insurable interest in at issue. The policy must mainly benefit trust beneficiaries who have an insurable or substantial interest.
Moving a trust needs 60-day notice
A trustee may move the trust’s main place of administration, even out of state or country. The trustee must give qualified beneficiaries at least 60 days’ written notice with the new location, reasons, contact details, and date. A timely objection by a qualified beneficiary stops the move. Notice can be mailed, delivered, or sent by proper electronic message. Court notices still follow court rules.
Trustee powers, delegation, and protections
Trustees can act without court approval and may delegate tasks to qualified agents. They must choose and monitor agents with care; the agent owes duties to the trust. Trustees are protected when they reasonably relied on the trust terms or checked important events. When a trust ends, a proposed distribution can become final after 30 days if the notice explains how to object. If multiple trustees share blame, one may seek contribution from the others.
Clear court and venue rules for trusts
Courts can step in when an interested person asks, but there is no automatic ongoing supervision. Trustees and beneficiaries of trusts administered in Oklahoma submit to Oklahoma courts. Trust cases are filed where the trust is administered, or where the estate is open for trusts made by will. If a trust has no trustee, venue can be where a beneficiary lives or where trust property sits. These rules make where to sue clearer but can also pull parties into Oklahoma court.
Who can speak for others in trusts
In many trust matters, a guardian, agent, trustee, personal representative, parent, or a holder of a general testamentary power can bind those they represent. This only works when there is no conflict of interest. Notice to an authorized representative counts as notice to the person represented, unless that person objects in time. Courts can appoint a representative if needed, including for minors, incapacitated, unborn, or unknown persons.
Sponsors & Cosponsors
Sponsor
Suzanne Schreiber
Democratic • House
Cosponsors
Brent Howard
Republican • Senate
Roll Call Votes
House vote • 5/14/2025
Top_of_Page
Yes: 60 • No: 23
Senate vote • 4/30/2025
THIRD READING
Yes: 0 • No: 3
Senate vote • 4/8/2025
Top_of_Page
Yes: 0 • No: 0
House vote • 3/3/2025
Top_of_Page
Yes: 79 • No: 19
House vote • 2/25/2025
DO PASS
Yes: 9 • No: 0
House vote • 2/6/2025
DO PASS
Yes: 8 • No: 0
Actions Timeline
Approved by Governor 05/21/2025
5/21/2025HouseSent to Governor
5/15/2025HouseEnrolled measure signed, returned to House
5/15/2025SenateEnrolled, signed, to Senate
5/15/2025HouseReferred for enrollment
5/14/2025HouseFourth Reading, Measure passed: Ayes: 60 Nays: 23
5/14/2025HouseSA's read, adopted
5/14/2025HouseSA's received
5/1/2025HouseEngrossed to House
5/1/2025SenateReferred for engrossment
4/30/2025SenateMeasure passed: Ayes: 39 Nays: 3
4/30/2025SenateGeneral Order, Considered
4/30/2025SenatePlaced on General Order
4/10/2025SenateReported Do Pass as amended Judiciary committee; CR filed
4/8/2025SenateSecond Reading referred to Judiciary
4/1/2025SenateFirst Reading
3/4/2025SenateEngrossed, signed, to Senate
3/4/2025HouseReferred for engrossment
3/3/2025HouseThird Reading, Measure passed: Ayes: 79 Nays: 19
3/3/2025HouseGeneral Order
3/3/2025HouseAuthored by Senator Howard (principal Senate author)
2/25/2025HouseCR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee
2/25/2025HousePolicy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Civil Judiciary
2/10/2025HouseReferred to Civil Judiciary
2/4/2025HouseSecond Reading referred to Judiciary and Public Safety Oversight
2/4/2025House
Bill Text
Enrolled (final version)
5/15/2025
Amended And Engrossed
5/1/2025
Floor (Senate)
4/9/2025
Senate Committee Report
4/8/2025
Engrossed
3/4/2025
Floor (House)
2/27/2025
House Committee Report
2/25/2025
House Committee Substitute
2/25/2025
House Policy Committee Report
2/10/2025
Introduced
1/28/2025
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