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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4353 By: Moore
AS INTRODUCED
An Act relating to trusts; amending 60 O.S. 2021,
Section 175.23, which relates to trust venue;
updating proper venue for a judicial proceeding
involving a trust; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 175.23, is
amended to read as follows:
Section 175.23. A. The district court shall have original
jurisdiction to construe the provisions of any trust instrument; to
determine the law applicable thereto; the powers, duties, and
liability of trustee; the existence or nonexistence of facts
affecting the administration of the trust estate; to require
accounting by trustees; to surcharge trustee; and in its discretion
to supervise the administration of trusts; and all actions hereunder
are declared to be proceedings in rem.
B. The venue of such actions shall be in the county where the
trustees or any cotrustee resides. Upon obtaining jurisdiction the
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same shall not be divested by the removal of the trustee from the
county where the action is commenced 1. Except as otherwise
provided in paragraph 2 of this subsection, venue for a judicial
proceeding involving a trust is proper in the county of this state
in which the trust's principal place of administration is or will be
located and, if the trust is created by will and the estate is not
yet closed, in the county in which the decedent's estate is being
administered.
2. If a trust has no trustee, venue for a judicial proceeding
for the appointment of a trustee may be in a county of this state in
which a beneficiary resides, in a county in which any trust property
is located, and if the trust is created by will, in the county in
which the decedent's estate was or is being administered.
C. Actions hereunder may be brought by a trustee, beneficiary,
or any person affected by the administration of the trust estate.
If the action is predicated upon any act or obligation of any
beneficiary, the beneficiary shall be a necessary party to the
proceedings. The only necessary parties to such actions shall be
those persons designated as beneficiaries by name or class in the
instrument creating the trust and who have a vested interest in the
trust which is the subject of the action, those persons currently
serving as trustees of the trust, and any persons who may be
actually receiving distributions from the trust estate at the time
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the action is filed. Contingent beneficiaries designated by name or
class shall not be necessary parties.
D. The provisions of the statutes governing civil procedure,
commencement of action, process, process by publication, appointment
of guardians ad litem, supersedeas and appeal, shall govern all
actions and proceedings brought under provisions of this act the
Oklahoma Trust Act.
E. A court of competent jurisdiction may, for cause shown and
upon notice to the beneficiaries, relieve a trustee from any or all
of the duties and restrictions which would otherwise be placed upon
the trustee by this act, or wholly or partly excuse a trustee who
has acted honestly and reasonably from liability for violations of
the provisions of this act.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14759 JL 01/07/26