An act relating to trusts, the official text

1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4353               By: Moore

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6                               AS INTRODUCED

7   An Act relating to trusts; amending 60 O.S. 2021,

    Section 175.23, which relates to trust venue;

8   updating proper venue for a judicial proceeding

    involving a trust; and providing an effective date.

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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY  60 O.S. 2021, Section 175.23, is

14 amended to read as follows:

15  Section 175.23. A. The district court shall have original

16 jurisdiction to construe the provisions of any trust instrument; to

17 determine the law applicable thereto; the powers, duties, and

18 liability of trustee; the existence or nonexistence of facts

19 affecting the administration of the trust estate; to require

20 accounting by trustees; to surcharge trustee; and in its discretion

21 to supervise the administration of trusts; and all actions hereunder

22 are declared to be proceedings in rem.

23  B. The venue of such actions shall be in the county where the

24 trustees or any cotrustee resides. Upon obtaining jurisdiction the

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1 same shall not be divested by the removal of the trustee from the

2 county where the action is commenced 1. Except as otherwise

3 provided in paragraph 2 of this subsection, venue for a judicial

4 proceeding involving a trust is proper in the county of this state

5 in which the trust's principal place of administration is or will be

6 located and, if the trust is created by will and the estate is not

7 yet closed, in the county in which the decedent's estate is being

8 administered.

9   2. If a trust has no trustee, venue for a judicial proceeding

10 for the appointment of a trustee may be in a county of this state in

11 which a beneficiary resides, in a county in which any trust property

12 is located, and if the trust is created by will, in the county in

13 which the decedent's estate was or is being administered.

14  C. Actions hereunder may be brought by a trustee, beneficiary,

15 or any person affected by the administration of the trust estate.

16 If the action is predicated upon any act or obligation of any

17 beneficiary, the beneficiary shall be a necessary party to the

18 proceedings. The only necessary parties to such actions shall be

19 those persons designated as beneficiaries by name or class in the

20 instrument creating the trust and who have a vested interest in the

21 trust which is the subject of the action, those persons currently

22 serving as trustees of the trust, and any persons who may be

23 actually receiving distributions from the trust estate at the time

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1 the action is filed. Contingent beneficiaries designated by name or

2 class shall not be necessary parties.

3   D. The provisions of the statutes governing civil procedure,

4 commencement of action, process, process by publication, appointment

5 of guardians ad litem, supersedeas and appeal, shall govern all

6 actions and proceedings brought under provisions of this act the

7 Oklahoma Trust Act.

8   E. A court of competent jurisdiction may, for cause shown and

9 upon notice to the beneficiaries, relieve a trustee from any or all

10 of the duties and restrictions which would otherwise be placed upon

11 the trustee by this act, or wholly or partly excuse a trustee who

12 has acted honestly and reasonably from liability for violations of

13 the provisions of this act.

14  SECTION 2. This act shall become effective November 1, 2026.

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16  60-2-14759      JL  01/07/26

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