reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1003. Joint tenants or tenants by the entirety.

Where there is no sufficient evidence to establish that the two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half (1/2) as if one had survived and one-half (1/2) as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. The term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others.
Laws 1959, p. 395, § 3.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1004. Husband and wife.

Where a husband and wife have died, leaving community property, and there is no sufficient evidence to establish that they have died otherwise than simultaneously, one-half (1/2) of all the community property shall pass as if the husband had survived and as if said one-half (1/2) were his separate property, and the other one-half (1/2) thereof shall pass as if the wife had survived and as if said other one-half (1/2) were her separate property.
Laws 1959, p. 395, § 4.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1005. Life or accident policies - Annuity contracts - Distribution of proceeds.

Where the insured or the annuitant and the beneficiary in a policy of life or accident insurance or in an annuity contract have died and there is no sufficient evidence to establish that they have died other than simultaneously, the proceeds of the policy or contract shall be distributed as if the insured or annuitant had survived the beneficiary, except if the policy or contract is community property of the insured or annuitant and his spouse, and there is no alternative beneficiary, or no alternative beneficiary except the estate or personal representatives of the insured, the proceeds shall be distributed as community property under Section 4.
Laws 1959, p. 395, § 5.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1006. Inapplication in certain cases.

This act shall not apply in the case of wills, living trusts, deeds, or contracts of insurance or annuity, or any other instrument wherein provision is made for distribution of property different from the provisions of this act, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided, in all of which cases the provisions of such instrument shall be given effect.
Laws 1959, p. 396, § 6.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1073. Disability, incapacity, or extended absence of principal not affecting acts done pursuant to durable power of attorney.

All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability, incapacity, or extended absence of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled, incapacitated, or on an extended absence.
Added by Laws 1988, c. 293, § 3, eff. Nov. 1, 1988. Amended by Laws 2010, c. 315, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1101. Application of act.

When an Oklahoma resident dies leaving a surviving spouse, and leaves a will which gives all of the estate to such surviving spouse and names such surviving spouse as executor, the procedures set out in this act may be used and shall control over other provisions of law to the contrary, and unless contrary hereto, all applicable existing law shall remain in force and effect.
Laws 1979, c. 258, § 14, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1102. Petition - Filing - Contents.

If electing to use this act, the surviving spouse shall file, in the court having probate jurisdiction of the will, a written, verified petition with the will or a copy attached which shall allege:
1. That decedent died an Oklahoma resident leaving a will which gives all of the decedent's estate to the surviving spouse and names the surviving spouse as executor;
2. The date and place of death of decedent;
3. That petitioner is the surviving spouse of decedent and consents to serve as executor;
4. The names, relationship, ages and addresses of the petitioner and the heirs and contingent legatees and devisees of the decedent; and
5. The nature and estimated value of the estate, to the best of petitioner's knowledge.
Laws 1979, c. 258, § 15, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1103. Hearing - Notice.

Upon filing of the petition, the court shall fix a time, place and date for hearing the petition which date shall be not less than ten (10) nor more than thirty (30) days from the filing of the petition. Notice shall be given as provided by law for hearing of a petition for probate or other wills. Proof of such notice shall be made and filed as in other estate proceedings.
Laws 1979, c. 258, § 16, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1104. Admission of will to probate - Appointment of surviving spouse as personal representative - Duties of representative.

A. At the time and place of such hearing or at the postponement thereof, after first receiving satisfactory proof of the giving of the notice of the hearing, and if there is no contest to the probate of the will or the appointment of the personal representative, the court shall receive proof of the will and, if satisfied thereby, may admit the will to probate and order the appointment and qualification of the surviving spouse as personal representative. Unless the will provides otherwise, the court, in its discretion, may waive or require the giving of bond by the spouse regardless of the known or estimated value of the estate. The court, at a later time, for good cause shown, may waive or require a bond of the personal representative.
B. After being appointed personal representative, the surviving spouse shall:
1. Give notice to creditors in the manner provided in Section 331 of this title with respect to a decedent who has been dead for a period of more than five (5) years prior to the commencement of a probate proceeding for such decedent's estate, and file the appropriate affidavits as provided in Section 332 of this title;
2. Make and return to the court, as in other estate proceedings, a true inventory and appraisement of all the estate of the decedent, except that the surviving spouse alone may appraise the values thereof and shall appraise the items set out in the estate inventory at their fair market values and no appraisers need be appointed by the court. Both the estate inventory and the appraisement thereof shall be verified by the surviving spouse;
3. Prepare all returns and reports required by law with regard to estate, income and other taxes owed by the decedent or the estate and obtain receipts, releases and waivers as are required in regard thereto, or in regard to estate taxes, obtain an order releasing estate tax liability from the district court. For deaths occurring on or after January 1, 2010, no release of estate tax liability is necessary pursuant to Section 5 of this act; and
4. Carry out all other duties of a personal representative as in other estate proceedings.
Added by Laws 1979, c. 258, § 17, eff. Oct. 1, 1979. Amended by Laws 1980, c. 286, § 3, eff. Oct. 1, 1980; Laws 1988, c. 228, § 19, emerg. eff. June 22, 1988; Laws 2010, c. 436, § 4, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1105. Final account - Filing - Requisites - Petition.

After completing all applicable provisions of this act, the surviving spouse shall prepare and file a final account which need only include a description of income and expenditures, as in other estate proceedings and shall petition the court:
1. To approve the Final account;
2. To determine the names and identities of the heirs and that the surviving spouse is the sole legatee and devisee of the decedent;
3. To order distribution to the surviving spouse of all remaining assets of the estate; and
4. To discharge the surviving spouse and any sureties on the bond from further duties and liabilities.
Laws 1979, c. 258, § 19, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1106. Final account and petition - Date, time and place - Notice - Hearing.

The court shall thereupon fix a date, time and place for the final account and petition, which date shall be not less than ten (10) nor more than thirty (30) days after the filing of the final account and petition. There shall be notice given by mailing to the heirs and contingent legatees and devisees of the decedent, whose names and addresses are known, not less than ten (10) days prior to the date of the hearing and by publication one time in a newspaper in the county not less than ten (10) days prior to the hearing. Proof of such notice shall be made and filed as in other estate proceedings.
The hearing shall be held and findings and orders made, filed and recorded in the same manner as in other estate proceedings.
Laws 1979, c. 258, § 19, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1201. Short title.

Sections 1201 through 1225 of this title shall be known and may be cited as the "Oklahoma Uniform Transfers to Minors Act".
Added by Laws 1986, c. 261, § 1, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 1, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1202. Definitions.

As used in the Oklahoma Uniform Transfers to Minors Act:
1. "Adult" means an individual who has attained the age of twenty-one (21) years.
2. "Benefit plan" means an employer's plan for the benefit of an employee or partner.
3. "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
4. "Guardian" means a person appointed or qualified by a court to act as guardian of the estate or of the person and the estate.
5. "Court" means the district court of this state in the county where the minor resides, or, if the minor is not a resident of this state, the district court of this state in the county where the custodian resides or has his principal place of business.
6. "Custodial property" means:
a.
any interest in property transferred to a custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act, and
b.
the income from and proceeds of that interest in property.
7. "Custodian" means a person so designated pursuant to Section 1210 of this title or a successor or substitute custodian designated pursuant to Section 1219 of this title.
8. "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised according to state or federal law.
9. "Legal representative" means an individual's personal representative, conservator, or guardian.
10. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
11. "Minor" means an individual who has not attained the age of twenty-one (21) years.
12. "Person" means an individual, corporation, organization, or other legal entity.
13. "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate, or a person legally authorized to perform substantially the same functions.
14. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
15. "Transfer" means a transaction that creates custodial property pursuant to Section 1210 of this title.
16. "Transferor" means a person who makes a transfer pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act.
17. "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
Added by Laws 1986, c. 261, § 2, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 2, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1203. Applicability of law - Custodianship.

A. The Oklahoma Uniform Transfers to Minors Act applies to a transfer that refers to the Oklahoma Uniform Transfers to Minors Act in the designation provided for in subsection A of Section 10 of this act by which the transfer is made if at the time of the transfer, the transferor, minor, or custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to the provisions of the Oklahoma Uniform Transfers to Minors Act despite a subsequent change in residence of the transferor, minor, or custodian, or the removal of custodial property from this state.
B. A person designated as a custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
C. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, minor, or custodian is a resident of the designated state or the custodial property is located in the designated state.
Added by Laws 1986, c. 261, § 3, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1204. Nomination of custodian.

A. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ________________ (name of minor) under the Oklahoma Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
B. A custodian nominated pursuant to the provisions of this section must be a person to whom a transfer of property of that kind may be made according to the provisions of subsection A of Section 10 of this act.
C. The nomination of a custodian pursuant to the provisions of this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed pursuant to the provisions of Section 10 of this act. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to the provisions of Section 10 of this act.
Added by Laws 1986, c. 261, § 4, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1205. Irrevocable transfers to custodian.

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to the provisions of Section 10 of this act.
Added by Laws 1986, c. 261, § 5, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1206. Personal representatives or trustees - Irrevocable transfers to custodian.

A. A personal representative or trustee may make an irrevocable transfer pursuant to the provisions of Section 10 of this act to a custodian for the benefit of a minor as authorized in the governing will or trust.
B. If the testator or settlor has nominated a custodian according to Section 4 of this act to receive the custodial property, the transfer must be made to that person.
C. If the testator or settlor has not nominated a custodian according to Section 4 of this act, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind according to the provisions of subsection A of Section 10 of this act.
Added by Laws 1986, c. 261, § 6, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1207. Personal representatives, trustees or guardians - Irrevocable transfers to adult or trust company as custodian.

A. Subject to the provisions of subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to the provisions of Section 10 of this act, in the absence of a will or under a will or trust that does not contain an authorization to do so.
B. Subject to the provisions of subsection C of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to the provisions of Section 10 of this act.
C. A transfer according to the provisions of subsection A or B of this section may be made only if:
1. the personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor,
2. the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and
3. the transfer is authorized by the court if it exceeds Ten Thousand Dollars ($10,000.00) in value.
Added by Laws 1986, c. 261, § 7, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1208. Persons holding property of or owing debt to minor - Irrevocable transfers to custodian.

A. Subject to the provisions of subsections B and C of this section, a person not subject to the provisions of Sections 6 or 7 of this act who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to the provisions of Section 10 of this act.
B. If a person having the right to do so pursuant to the provisions of Section 4 of this act has nominated a custodian according to the provisions of Section 4 of this act to receive the custodial property, the transfer must be made to that person.
C. If no custodian has been nominated pursuant to the provisions of Section 4 of this act, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer pursuant to the provisions of this section may be made to an adult member of the minor's family or to a trust company, unless the property exceeds Ten Thousand Dollars ($10,000.00) in value.
Added by Laws 1986, c. 261, § 8, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1209. Acknowledgment of delivery.

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act.
Added by Laws 1986, c. 261, § 9, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1211. Limitations on transfers.

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held according to the provisions of the Oklahoma Uniform Transfers to Minors Act by the same custodian for the benefit of the same minor constitutes a single custodianship.
Added by Laws 1986, c. 261, § 11, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1212. Validity and effect of transfers.

A. The validity of a transfer made in a manner prescribed in the Oklahoma Uniform Transfers to Minors Act is not affected by:
1.
failure of the transferor to comply with subsection C of Section 10 of this act concerning possession and control; or
2.
designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian pursuant to the provisions of subsection A of Section 10 of this act; or
3.
death or incapacity of a person nominated pursuant to the provisions of Section 4 of this act or designated according to the provisions of Section 10 of this act as custodian or the disclaimer of the office by that person.
B. A transfer made pursuant to the provisions of Section 10 of this act is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided for in the Oklahoma Uniform Transfers to Minors Act, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided for in the Oklahoma Uniform Transfers to Minors Act.
C. By making a transfer, the transferor incorporates in the disposition all the provisions of the Oklahoma Uniform Transfers to Minors Act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided for in the Oklahoma Uniform Transfers to Minors Act.
Added by Laws 1986, c. 261, § 12, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1213. Powers and duties of custodians.

A. A custodian shall:
1. take control of custodial property;
2. register or record title to custodial property if appropriate; and
3. collect, hold, manage, invest, and reinvest custodial property.
B. In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
C. A custodian may invest in or pay premiums on life insurance or endowment policies on:
1. the life of the minor only if the minor or the minor's estate is the sole beneficiary, or
2. the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
D. A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, following in substance by the words: "as a custodian for __________________ (name of minor) under the Oklahoma Uniform Transfers to Minors Act."
E. A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen (14) years.
Added by Laws 1986, c. 261, § 13, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1214. Rights, powers and authority of custodians over property.

A. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.
B. The provisions of this section do not relieve a custodian from liability for breach of the provisions of Section 13 of this act.
Added by Laws 1986, c. 261, § 14, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1215. Delivery or payment to minor - Expenditures for minor's benefit.

A. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
1. the duty or ability of the custodian personally or of any other person to support the minor, or
2. any other income or property of the minor which may be applicable or available for that purpose.
B. On petition of an interested person or the minor if the minor has attained the age of fourteen (14) years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
C. A delivery, payment, or expenditure pursuant to the provisions of this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Added by Laws 1986, c. 261, § 15, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1216. Expenses and compensation of custodian - Bond.

A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
B. Except for one who is a transferor pursuant to the provisions of Section 5 of this act, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
C. Except as provided for in subsection F of Section 19 of this act, a custodian need not give a bond.
Added by Laws 1986, c. 261, § 16, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1217. Persons dealing with purported custodian - Responsibilities.

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
1. the validity of the purported custodian's designation; or
2. the propriety of, or the authority pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act for, any act of the purported custodian; or
3. the validity or propriety pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
4. the propriety of the application of any property of the minor delivered to the purported custodian.
Added by Laws 1986, c. 261, § 17, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1218. Claims against custodial property - Liability of custodian or minor.

A. A claim based on:
1. a contract entered into by a custodian acting in a custodial capacity, or
2. an obligation arising from the ownership or control of custodial property, or
3. a tort committed during the custodianship,
may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
B. A custodian is not personally liable:
1. on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
2. for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
C. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Added by Laws 1986, c. 261, § 18, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1220. Accounting by custodian.

A. A minor who has attained the age of fourteen (14) years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:
1. for an accounting by the custodian or the custodian's legal representative; or
2. for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action pursuant to the provisions of Section 18 of this act to which the minor or the minor's legal representative was a party.
B. A successor custodian may petition the court for an accounting by the predecessor custodian.
C. The court, in a proceeding pursuant to the provisions of the Oklahoma Uniform Transfers to Minors Act or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
D. If a custodian is removed according to the provisions of subsection F of Section 19 of this act, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Added by Laws 1986, c. 261, § 20, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1221. Minor's death or attainment of majority.

A. The custodian shall transfer in an appropriate manner the custodial property to the minor, the minor's estate, or the minor's beneficiary as prescribed in paragraph 2 of subsection A of Section 1210 of this title upon the earlier of:
1. The minor's attainment of eighteen (18) years of age with respect to custodial property transferred pursuant to the provisions of Section 1205 or 1206 of this title, unless the transfer is delayed pursuant to subsection B of this section; or
2. The minor's attainment of majority pursuant to the laws of this state with respect to custodial property transferred pursuant to the provisions of Section 1207 or 1208 of this title; or
3. The minor's death.
B. A transfer required by paragraph 1 of subsection A of this section may be delayed until a specified time after the minor attains eighteen (18) years of age but not later than when the minor attains twenty-one (21) years of age. The time for a transfer pursuant to this subsection must be specified at the time of the transfer whether made under Section 1210 of this title or by will or trust and shall be in substantially the following words: "The custodian shall transfer this property to _______ (name of minor) [on (specified date)] [when (he or she) reaches the age of ______ (age, after eighteen (18) years and at or before twenty-one (21) years)]."
C. To the extent the custodial property consists of deposit accounts held at a financial institution, if the minor reaches the age for release and the custodian does not make a timely transfer of the property to the minor, the minor may make a request for the account-holding financial institution to intervene. The request from the minor shall be signed, dated and in writing, and shall state that the minor has reached the age for release and the custodian has refused to distribute the remaining funds to the minor after being asked to do so by the minor after the minor was entitled to them. Upon receiving the minor's request, the financial institution may send a written demand to the custodian to transfer to the minor the funds in any Oklahoma Uniform Transfers to Minors Act deposit account. If the custodian does not make the distribution within thirty (30) days from the date of the financial institution's demand, the financial institution shall have the authority to close the account and pay out the funds directly to the minor without any liability or recourse from any parties.
Added by Laws 1986, c. 261, § 21, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 4, eff. Sept. 1, 1993; Laws 2015, c. 38, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1222. Transfer under other laws after effective date of act.

The Oklahoma Uniform Transfers to Minors Act applies to a transfer within the scope of the provisions of Section 3 of this act which is made after the effective date of this act if:
1. the transfer purports to have been made according to the provisions of the Oklahoma Uniform Gifts to Minors Act; or
2. the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of the Oklahoma Uniform Transfers to Minors Act is necessary to validate the transfer.
Added by Laws 1986, c. 261, § 22, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1223. Transfers under other law prior to effective date.

A. Any transfer of custodial property as that term is defined in the Oklahoma Uniform Transfers to Minors Act made before the effective date of this act is validated although there was no specific authority in the Oklahoma Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
B. The Oklahoma Uniform Transfers to Minors Act applies to all transfers made before the effective date of this act in a manner and form prescribed in the Oklahoma Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this act.
C. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
D. With respect to the age of a minor for whom custodial property is held under the Oklahoma Uniform Transfers to Minors Act, paragraphs 1 and 11 of Section 1202 and paragraph 1 of subsection A of Section 1221 of this title do not apply to custodial property held in a custodianship which terminated because of the minor's attainment of the age of eighteen (18) years after November 1, 1986 and before September 1, 1993.
Added by Laws 1986, c. 261, § 23, eff. Nov. 1, 1986. Amended by Laws 1993, c. 158, § 5, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1224. Application and construction.

The Oklahoma Uniform Transfers to Minors Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
Added by Laws 1986, c. 261, § 24, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1225. Inapplicability of law to certain transfers - Effect.

To the extent that the Oklahoma Uniform Transfers to Minors Act, by virtue of subsection B of Section 23 of this act, does not apply to transfers made in a manner prescribed in the Oklahoma Uniform Gifts to Minors Act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of Sections 401 through 410 and Sections 415 through 419 of Title 60 of the Oklahoma Statutes does not affect those transfers or those powers, duties, and immunities.
Added by Laws 1986, c. 261, § 25, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1252. Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed.

A. An interest in real estate may be titled in transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest. The deed shall transfer ownership of the interest upon the death of the owner. A transfer-on-death deed need not be supported by consideration. For purposes of the Nontestamentary Transfer of Property Act, an “interest in real estate” means any estate or interest in, over or under land, including surface, minerals, structures and fixtures.
B. The signature, consent or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
C. A designated grantee beneficiary may accept real estate pursuant to a transfer-on-death deed only on behalf of himself, herself, or a legal entity over which he or she has proper authority. A beneficiary shall not accept such real estate on behalf of another designated beneficiary.
D. Each designated grantee beneficiary wishing to accept real estate pursuant to a transfer-on-death deed shall execute an affidavit affirming:
1. Verification of the record owner’s death;
2. Whether the record owner and the designated beneficiary were married at the time of the record owner’s death; and
3. A legal description of the real estate.
E. The grantee shall attach a copy of the record owner’s death certificate to the beneficiary affidavit. For a record owner’s death occurring on or after November 1, 2011, the beneficiary shall record the affidavit and related documents with the office of the county clerk where the real estate is located within nine (9) months of the grantor’s death, otherwise the interest in the property reverts to the deceased grantor’s estate; provided, however, for a record owner’s death occurring before November 1, 2011, such recording of the affidavit and related documents by the beneficiary shall not be subject to the nine-month time limitation. Notwithstanding the provisions of Section 26 of Title 16 of the Oklahoma Statutes, an affidavit properly sworn to before a notary shall be received for record and recorded by the county clerk without having been acknowledged and, when recorded, shall be effective as if it had been acknowledged.
F. A beneficiary affidavit recorded pursuant to this section before November 1, 2023, in which one or more, but not all, named beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by the deed on behalf of all or some of the beneficiaries named therein shall be effective to accept such interests if executed by at least one of the named beneficiaries accepting such interests.
Added by Laws 2008, c. 78, § 2, eff. Nov. 1, 2008. Amended by Laws 2010, c. 205, § 1, eff. Nov. 1, 2010; Laws 2011, c. 372, § 1, eff. Nov. 1, 2011; Laws 2015, c. 107, § 1, emerg. eff. April 20, 2015; Laws 2023, c. 101, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1253. Transfer-on-death, form.

An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the county clerk in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form:
___________________ (name of owner) being of competent mind and having the legal capacity to execute this document, as owner transfers on death to ____________________ (name of beneficiary) as grantee beneficiary, the following described interest in real estate: (here insert description of the interest in real estate). THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL ESTATE. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN.
THE STATE OF OKLAHOMA
COUNTY OF ___________
Before me, on this day personally appeared __________, ___________, and ___________, the owner of the land described in this deed, and the witnesses, respectively, whose names are subscribed below in their respective capacities, and the owner of the land declared to me and to the witnesses in my presence that the deed is a revocable transfer-on-death of the real estate described therein, and the witnesses declared in the presence of the owner of the real estate and in my presence that the owner of the land declared to them that the deed is a revocable transfer-on-death of the real estate described therein and that the owner of the land wanted each of them to sign it as a witness, and that each witness did sign the same as witness in the presence of the owner of the land and in my presence.
_______________________
(name of owner)
_______________________
(witness)
_______________________
(witness)
Subscribed and acknowledged before me by ______________, the owner of the land, and _____________ and _______________, witnesses, this ___ day of __________ (month), _____ (year).
____________________________
(signature of notary public)
(Seal)
My commission expires ___________ (date).
Instead of the words "transfer-on-death" the abbreviation "TOD" may be used.
Added by Laws 2008, c. 78, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1254. Revocation or change of grantee beneficiary - Effect of will.

A. A designation of the grantee beneficiary may be revoked at any time prior to the death of the record owner, by executing, acknowledging and recording in the office of the county clerk in the county where the real estate is located an instrument revoking the designation. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries to the revocation is not required.
B. A designation of the grantee beneficiary may be changed at any time prior to the death of the record owner, by executing, acknowledging and recording a subsequent transfer-on-death deed in accordance with the Nontestamentary Transfer of Property Act. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required. A subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by the record owner for the interest in real estate.
C. A transfer-on-death deed executed, acknowledged and recorded in accordance with the Nontestamentary Transfer of Property Act may not be revoked by the provisions of a will.
Added by Laws 2008, c. 78, § 4, eff. Nov. 1, 2008. Amended by Laws 2011, c. 372, § 2, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1255. Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer.

A. Grantee beneficiaries of a transfer-on-death deed take the interest of the record owner in the real estate at the death of the grantor owner, free and clear of any claims or interest under Section 44 of Title 84 of the Oklahoma Statutes as to a person who became the spouse of the grantor subsequent to the execution of the transfer-on-death deed, subject to all recorded conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the lifetime of the record owner including, but not limited to, any recorded executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property, provided however, a non-consensual lien against the grantee beneficiary shall not attach to the property until the recording of the affidavit described in Section 1252 of this title.
B. If one or more of the grantee beneficiaries dies prior to the death of the grantor owner, the transfer to those beneficiaries who predecease the grantor owner shall lapse. In the event the grantee beneficiaries are designated in the deed to be joint tenants with right of survivorship, the death of one or more of the grantee beneficiaries prior to the death of the grantor owner shall not invalidate an otherwise validly created joint tenancy estate as to those grantee beneficiaries who are living at the time of the death of the grantor owner.
Added by Laws 2008, c. 78, § 5, eff. Nov. 1, 2008. Amended by Laws 2011, c. 372, § 3, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1256. Effect of deed on joint tenancy – “Joint owner” defined.

A. A record joint owner of an interest in real estate may use the procedures in the Nontestamentary Transfer of Property Act to title the interest in transfer-on-death form. However, title to the interest shall vest in the designated grantee beneficiary or beneficiaries only if the record joint owner is the last to die of all of the record joint owners of the interest. A deed in transfer-on-death form shall not sever a joint tenancy.
B. As used in this section, "joint owner" means a person who owns an interest in real estate as a joint tenant with right of survivorship.
Added by Laws 2008, c. 78, § 6, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1257. Record owner considered absolute owner.

A record owner who executes a transfer-on-death deed remains the legal and equitable owner until the death of the owner and during the lifetime of the owner is considered an absolute owner as regards creditors and purchasers.
Added by Laws 2008, c. 78, § 7, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-1258. Transfer-on-death deed not considered testamentary disposition.

A deed in transfer-on-death form, executed in conformity with the Nontestamentary Transfer of Property Act, shall not be considered a testamentary disposition and shall not be invalidated due to nonconformity with other provisions in Title 58 or Title 84 of the Oklahoma Statutes.
Added by Laws 2008, c. 78, § 8, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-3003. Applicability.

This act applies to all powers of attorney except:
1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
2. A power to make health care decisions;
3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
4. A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
Added by Laws 2021, c. 332, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 58. Probate Procedure › §58-3005. Execution of power of attorney.

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Added by Laws 2021, c. 332, § 5, eff. Nov. 1, 2021.