On November 1, 2025, Oklahoma became the 36th state, in addition to the District of Columbia, to implement a set of statutes known as the Uniform Trust Code. The Oklahoma Uniform Trust Code (“OUTC”) modernizes and clarifies Oklahoma trust law and offers a variety of tools to help make trust administration more efficient.
This project aims to explain and provide commentary for each provision of the Code. It is a work in progress, and commentary for a section will be linked below as it is completed.
Article 1 — General Provisions and Definitions
§ 1601.1. Short Title
§ 1601.2. Application
§ 1601.3. Definitions
§ 1601.4. Notice or Knowledge of a Fact Involving a Trust - Reasonable Diligence
§ 1601.5. Duties and Powers of a Trustee - Terms of a Trust Prevails - Exceptions
§ 1601.6. Common Law of Trusts and Principles of Equity
§ 1601.7. Meaning and Effect of the Terms of a Trust
§ 1601.8. Principal Place of Administration Designation - Trustee Duty to Administer - Transfer Requirements
§ 1601.9. Notice Requirements
§ 1601.10. Rules of Construction
§ 1601.11. Trustee’s Insurable Interest in the Life of an Individual Insured Under a Life Insurance Policy
Article 2 — Judicial Proceedings
§ 1602.1. Court Intervention - Judicial Supervision - Request for Instructions and Action to Declare Rights
§ 1602.2. Jurisdiction
§ 1602.3. Venue
Article 3 — Representation
§ 1603.1. Notice - Consent - Exception
§ 1603.2. Conflict of Interest Between Holder of General Testamentary Power and Persons Represented
§ 1603.3. Conflict of Interest with Respect to Question or Dispute
§ 1603.4. Representation by Another Having a Substantially Identical Interest
§ 1603.5. Court Appointment of a Representative
Article 4 — Creation, Validity, Modification, and Termination of Trust
§ 1604.1. Creation of a Trust
§ 1604.2. Limits on Creation of Trusts
§ 1604.3. Trust not Created by Will
§ 1604.4. Lawful Purposes - For the Benefit of its Beneficiaries
§ 1604.5. Charitable Trust
§ 1604.6. Trust Void Due to Fraud, Duress, or Undue Influence
§ 1604.7. Required Evidence for Trust
§ 1604.8. Rules
§ 1604.9. Termination - Combination or Division
§ 1604.10. Court Approval of Modification or Termination - Spendthrift Provision - Distribution of Property Upon Termination
§ 1604.11. Court Modification of Administrative or Dispositive Terms of a Trust
§ 1604.12. Unlawful, Impracticable, Impossible to Achieve, or Wasteful Charitable Purpose - Charitable Trust Distributing Property to a Noncharitable Beneficiary
§ 1604.13. Insufficient Property to Justify Trust Administration
§ 1604.14. Trust Reform Due to Mistake of Law
§ 1604.15. Court Modification to Achieve Settlor’s Tax Objectives
§ 1604.16. Combining and Separating Trusts
Article 5 — Creditor’s Claim Against Settlor
§ 1605.1. Rules
Article 6 — Revocable Trusts
§ 1606.1. Capacity Required to Create, Amend, Revoke, or Add Property to Revocable Trust
§ 1606.2. Direction of Settlor Contrary to Terms of Trust - Rights of Beneficiaries - Holder of Power of Withdrawal
§ 1606.3. Contesting Validity of a Trust - Liability for Trustee Distributing Trust Property - Beneficiary Liability for Trusts Deemed Invalid
Article 7 — Office of Trustee
§ 1607.1. Accepting the Trusteeship - Rejecting the Trusteeship
§ 1607.2. Bond to Secure Performance of Trustee’s Duties
§ 1607.3. Co-Trustees
§ 1607.4. Vacancy in Trusteeship
§ 1607.5. Trustee Resignation
§ 1607.6. Requesting the Court Remove a Trustee
§ 1607.7. Duties of a Resigned or Removed Trustee
§ 1607.8. Terms of Trust not Specifying Trustee’s Compensation
§ 1607.9. Trustee Entitlement to Reimbursement Out of Trust Property - Advance by Trustee of Money for Protection of Trust
Article 8 — Duties and Powers of Trustee
§ 1608.1. Trustee Duty of Good Faith
§ 1608.2. Administering in the Sole Interest of the Beneficiaries
§ 1608.3. Due Regard to all Beneficiaries
§ 1608.4. Trustee Duty to Reasonable Care, Skill, and Caution
§ 1608.5. Trustee Incurring Reasonable Costs in Relation to Trust Property
§ 1608.6. Trustee Duty to Employ Special Skills or Expertise
§ 1608.7. Trustee Delegating Duties and Powers - Reasonable Care to Comply with Terms of Delegation - Liability - Jurisdiction
§ 1608.8. Trustee Duty to Take Reasonable Steps to Control and Protect Trust Property
§ 1608.9. Trustee Duty to Keep Adequate Records - Duty to Keep Trust Property Separate From Personal Property - Interest of Trust Appears in Records - Investing as a Whole
§ 1608.10. Duty to Take Reasonable Steps to Enforce and Defend Claims Related to Trust
§ 1608.11. Duty to Take Reasonable Steps to Compel Delivery of Trust Property
§ 1608.12. Duty to Reasonably Inform Qualified Beneficiaries - Notice - Report
§ 1608.13. Duty to Exercise Discretionary Power in Good Faith
§ 1608.14. Trustee Powers Without Court Authorization
§ 1608.15. Trustee Powers
§ 1608.16. Termination of a Trust - Notice - Duty to Reasonably Distribute Trust Property
Article 9 — Liability of Trustees and Rights of Persons Dealing with Trustee
§ 1609.1. Contribution From Other Trustees
§ 1609.2. Trustee Accountability to Affected Beneficiary - Liability for Depreciation of Value or Lack of Profit
§ 1609.3. Liability for Breach of Trust
§ 1609.4. Liability for Loss Relating to Marriage, Divorce, Performance of Education Requirements, or Death
§ 1609.5. Limitations on Personal Liability
§ 1609.6. Limitations of Trustee Liability for Partnership Obligations under Oklahoma Law
§ 1609.7. Certification of Trust - Requirements, Reliance, and Limitations
Article 10 — Miscellaneous Provisions
§ 1610.1. Relation to Federal Electronic Signatures Law (E-SIGN Act)
§ 1610.2. Severability
§ 1610.3. Application of Act to Existing Trusts and Proceedings - Transition Rules