Title 60 — Title 60 — Property

If a qualified person of a trust ceases to meet the requirements of Section 22 of this act and there remains no trustee that meets such requirements, such qualified person shall be deemed to have resigned as of the time of such cessation, and thereupon the successor qualified per…

trustees are qualified persons. In the case of a disposition to more than one trustee, a disposition that is otherwise a qualified disposition may not be treated as other than a qualified disposition solely because not all of the trustees are qualified persons. Added by Laws 2024…

Uses and trusts, in relation to real property, are those only which are specified in this article. R.L.1910, § 6653.

powers and rights of transferor. A qualified disposition is subject to Sections 29 through 34 of this act, notwithstanding a transferor's retention of any or all of the powers and rights described in paragraph 2 of subsection A of Section 21 of this act and the transferor's servi…

permitted — Exceptions. Notwithstanding any other provision of law, except as set forth in Section 30 of this act, no action of any kind, including an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or in equity f…

transferor — Requirements. A. A cause of action or claim for relief with respect to a qualified disposition of a transferor's assets under Section 29 of this act is extinguished unless the action under Section 29 of this act may only be brought by a creditor of the transferor who…

Property transferred to spendthrift trust for purpose of obtaining loan secured by mortgage or deed of trust — Enforceability. A qualified disposition that is made by means of a disposition by a transferor who is a trustee is deemed to have been made as of the time, whether befor…

liability of qualified person. Notwithstanding any law to the contrary, a creditor, including a creditor whose claim arose before or after a qualified disposition, or any other person has only such rights with respect to a qualified disposition as are provided in Sections 29 thro…

qualified disposition — Jurisdiction — Attorney fees and costs — Burden of proof. Notwithstanding any other provision of law, no action of any kind, including an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or …

If more than one qualified disposition is made by means of the same trust instrument: 1. The making of a subsequent qualified disposition shall be disregarded in determining whether a creditor's claim with respect to a prior qualified disposition is extinguished as provided in Se…

Qualifying situations — Application if transferor is married — Notice of transfer of property. A. Notwithstanding the provisions of Sections 29 through 34 of this act, but subject to subsection B of this section, the Oklahoma Qualified Dispositions into Trust Act does not apply i…

person lien rights — Beneficiary rights. A qualified disposition is avoided only to the extent necessary to satisfy the transferor's debt to the creditor at whose insistence the disposition had been avoided, together with such costs, including attorney fees, as the court may allo…

A. The following provisions apply only to discretionary interests: 1. A discretionary interest is neither a property interest nor an enforceable right. It is a mere expectancy; 2. No creditor may force a distribution with regard to a discretionary interest. No creditor may requir…

Every estate which is now held as a use, executed under any former statute of this state, is confirmed as a legal estate. R.L.1910, § 6654.

No trust in relation to real property is valid, unless created or declared: 1. By a written instrument, subscribed by the grantor or by his agent thereto authorized by writing. 2. By the instrument under which the trustee claims the estate affected; or, 3. By operation of law. R.…

When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made. R.L.1910, § 6660.

Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is cre…

For all trusts created under this title, the rules against perpetuities shall not apply, it being the intent that trusts created in this state may have perpetual duration if a timing provision or limit is not specified in the trust document. Added by Laws 2024, c. 369, § 38, eff.…

A. Except as otherwise provided in subsection B of this section, the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. B. A nonjudicial settlement agreement is valid only to the extent i…

A. There is hereby created the Task Force on Trust Administration Review and Reform. The Task Force shall be composed of the following seven (7) members: 1. The Governor shall appoint three members, one of whom shall be a member of the Oklahoma State Chamber, and one of whom shal…

In every case where a trust is valid as a power in trust, the real property to which the trust relates, remains in or passes by succession to the persons otherwise entitled, subject to the execution of the trust as a power in trust. R.L.1910, § 6667.

2025. This act shall be known and may be cited as the "Oklahoma Uniform Easement Relocation Act of 2025". Added by Laws 2025, c. 218, § 1, eff. Nov. 1, 2025.

As used in this act: 1. "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property; 2. "Conservation easement" means a nonpossessory property interest created for one or more of the following conservation purpose…

A. Except as otherwise provided in subsection B of this section, this act applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. B. This act may not be used to relocate: 1. A public-utility easemen…

A servient estate owner may relocate an easement under this act only if the relocation does not materially: 1. Lessen the utility of the easement; 2. After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement; 3. Impair an…

A. To obtain an order to relocate an easement under this act, a servient estate owner must commence a civil action. B. A servient estate owner that commences a civil action under subsection A of this section: 1. Shall serve a summons and petition on: a. the easement holder whose …

A. The court may not approve relocation of an easement under this act unless the servient estate owner: 1. Establishes that the easement is eligible for relocation under Section 3 of this act; and 2. Satisfies the conditions for relocation under Section 4 of this act. B. An order…

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this act, including the expense of: 1. Constructing improvements on the servient estate or dominant estate in accordance with an order under Section 6 of this act; 2. During the relo…

After the court, under Section 6 of this act, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in c…

requirement. A. If an order under Section 6 of this act requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the s…

A. Relocation of an easement under this act: 1. Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; 2. Is not a breach or default of, and does not trigger, a due- on-sale clause or other transfer-restriction clause under a security i…

The right of a servient estate owner to relocate an easement under this act may not be waived, excluded, or restricted by agreement even if: 1. The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this act; 2. The instrument…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Added by Laws 2025, c. 218, § 12, eff. Nov. 1, 2025.

Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize electronic delivery…

This act applies to an easement created before, on, or after the effective date of this act. Added by Laws 2025, c. 218, § 14, eff. Nov. 1, 2025.

existence of trust - Recorded written evidence. A. The appearance of the words "trustee" or "as trustee" or "agent" following the names of the grantee in any deed of conveyance of land or other property, or an interest therein, heretofore or hereafter executed, without other lang…

The appearance of the words "trustee" or "as trustee" or "agent" following the name of the mortgagee in any mortgage on real estate or personal property heretofore or hereafter executed, without other language showing a trust, shall not be deemed to give notice to or put on inqui…

This act shall be known and may be cited as the "Oklahoma Uniform Trust Code". Added by Laws 2025, c. 254, § 1, eff. Nov. 1, 2025.

The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. Added by Laws 2025, c. 254, § 10, eff. Nov. 1, 2025.

A. In this section, "settlor" means a person that executes a trust instrument. The term includes a person for which a fiduciary or agent is acting. B. A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned b…

The Oklahoma Uniform Trust Code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Added by Laws 2025, c. 254, § 2, eff. Nov. 1, 2025.

As used in this act: 1. "Action", with respect to an act of a trustee, includes a failure to act; 2. "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the I…

A. Subject to subsection B of this section, a person has knowledge of a fact if the person: 1. Has actual knowledge of it; 2. Has received a notice or notification of it; or 3. From all the facts and circumstances known to the person at the time in question, has reason to know it…

A. Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. B. The terms of a trust prevail over any provision of this act except: 1. The requirements for …

The common law of trusts and principles of equity supplement this act, except to the extent modified by this act or another statute of this state. Added by Laws 2025, c. 254, § 6, eff. Nov. 1, 2025.

The meaning and effect of the terms of a trust are determined by: 1. The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the mat…

A. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: 1. A trustee's principal place of business is located in or a trustee is a…

A. Notice to a person under this act or the sending of a document to a person under this act must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a docu…

A. The court may intervene in the administration or construction of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. B. A trust is not subject to continuing judicial supervision unless ordered by the court. C. A judicial proceeding …

A. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving th…