All Roll Calls
Yes: 132 • No: 0
OklahomaSB 2104Oklahoma 2026 Regular SessionSenateWALLET
Trusts; modifying requirements related to management and enforceability of trusts. Effective date.
Sponsored By: Brent Howard (Republican)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 3 benefits, 0 costs, 4 mixed.
Faster trust wrap-up and 60-day deadline
Beginning Nov 1, 2026, a trustee can settle accounts without court when a trust ends or the trustee leaves. The trustee must send proposed payouts, up to 30 months of statements, and a clear 60‑day written objection deadline. If you do not object in writing within 60 days, your claims are barred like a final court order. Trustees may hold payouts and fees until the settlement is final. A resigning or removed trustee must protect assets and deliver them quickly, but may keep a reasonable reserve for debts, expenses, and taxes.
Trustees cannot cut vested payouts
Starting Nov 1, 2026, a trustee may not use principal‑distribution powers to reduce a beneficiary’s current required payout. The trustee cannot force annuity or unitrust conversions, cut set percentages or dollar withdrawals, or change perpetuity terms unless the law allows it. The trustee also cannot weaken fiduciary duties, reduce their own liability, add exoneration for lack of care, or remove rights to replace a trustee.
Court review of no-contest clauses
Starting Nov 1, 2026, a no‑contest clause in a will or trust is enforced unless the challenger proves just cause and good faith. A court must decide this. These clauses do not stop suits to make a fiduciary do duties, to seek redress for breach, or to ask a court to interpret the document.
Noncourt trust deals and beneficiary status
Starting Nov 1, 2026, trustees and qualified beneficiaries can make binding noncourt settlement agreements that a court could approve and that do not break a main trust purpose. These agreements can cover how to read the trust, approve accounts, direct or change trustees, set distribution criteria, pick governing law, and more. Anyone can ask a court to review representation or approval. The law also clarifies who is a qualified beneficiary and what counts as trust terms, including court orders and nonjudicial agreements.
Short trust certificate for transactions
Starting Nov 1, 2026, a trustee may give a short certification instead of the full trust document to third parties. The certification must list key facts like the trust date, settlor, current trustee, powers, revocability, tax ID, and how title is held. Third parties who rely in good faith are protected. Someone who demands the full trust in bad faith can owe damages.
When these trust rules apply
This law takes effect Nov 1, 2026. It applies to trusts made before, on, or after that date and to cases filed on or after that date. For cases already filed, prior law stays in place for any rule that would harm the case or party rights. Acts done before the effective date are not changed. Duties tied to the new qualified‑beneficiary definition do not apply to past actions.
Where to file trust cases
Starting Nov 1, 2026, district courts handle trust cases. You file in the county where the trustee or any cotrustee lives. Necessary parties include named or class beneficiaries with a present interest, qualified beneficiaries, current trustees, and anyone receiving distributions when the case starts. Contingent beneficiaries are not necessary. If the case is based on a beneficiary’s act or debt, that beneficiary must be joined.
Sponsors & Cosponsors
Sponsor
Brent Howard
Republican • Senate
Cosponsors
Suzanne Schreiber
Democratic • House
Roll Call Votes
House vote • 5/6/2026
Top_of_Page
Yes: 92 • No: 0
House vote • 4/16/2026
DO PASS
Yes: 11 • No: 0
House vote • 4/16/2026
DO PASS
Yes: 11 • No: 0
House vote • 4/2/2026
DO PASS
Yes: 9 • No: 0
House vote • 4/2/2026
DO PASS
Yes: 9 • No: 0
Senate vote • 3/11/2026
THIRD READING
Yes: 0 • No: 0
Senate vote • 2/10/2026
Top_of_Page
Yes: 0 • No: 0
Actions Timeline
Approved by Governor 05/12/2026
5/13/2026SenateSent to Governor
5/6/2026SenateSigned, returned to Senate
5/6/2026HouseEnrolled, to House
5/6/2026SenateReferred for enrollment
5/6/2026SenateSigned, returned to Senate
5/6/2026HouseThird Reading, Measure passed: Ayes: 92 Nays: 0
5/6/2026HouseGeneral Order
5/6/2026HouseCR; Do Pass Judiciary and Public Safety Oversight Committee
4/16/2026HousePolicy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Civil Judiciary
4/6/2026HouseReferred to Civil Judiciary
3/30/2026HouseSecond Reading referred to Judiciary and Public Safety Oversight
3/30/2026HouseFirst Reading
3/12/2026HouseEngrossed to House
3/12/2026SenateReferred for engrossment
3/11/2026SenateMeasure passed: Ayes: 42 Nays: 0
3/11/2026SenateGeneral Order, Considered
3/11/2026SenateCoauthored by Representative Schreiber (principal House author)
2/24/2026SenatePlaced on General Order
2/12/2026SenateReported Do Pass as amended Judiciary committee; CR filed
2/10/2026SenateSecond Reading referred to Judiciary
2/3/2026SenateAuthored by Senator Howard
2/2/2026SenateFirst Reading
2/2/2026Senate
Bill Text
Enrolled (final version)
5/6/2026
Floor (House)
4/20/2026
House Committee Report
4/16/2026
House Policy Committee Report
4/6/2026
Engrossed
3/12/2026
Floor (Senate)
2/11/2026
Senate Committee Report
2/10/2026
Introduced
1/15/2026
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