Oklahoma 2026 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 2104 — Trusts; modifying requirements related to management and enforceability of trusts. Effective date.

Last action — Approved by Governor 05/12/2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2026. Enacted.

Signed by Governor Kevin Stitt (Republican) on May 13, 2026.

Prognosis

Likely to advance 90% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill modifies requirements related to the management and enforceability of trusts in Oklahoma.

This legislation updates various provisions regarding trusts, including court jurisdiction, trustee powers, and necessary parties in trust-related actions. It aims to clarify and streamline the enforcement and management of trusts in Oklahoma.

Bill Text

What changed in the latest version

486 added · 525 removed

Plain-language change summary

The recent changes to Bill SB 2104 clarify how trusts are handled in district courts, specifically concerning the jurisdiction for interpreting trust documents and the processes for distributing trust assets. Additionally, the bill updates definitions and requirements surrounding trust property delivery and adds an evidentiary standard. These amendments aim to streamline the legal framework for trusts, making it clearer how they are managed and ensuring that all parties understand their rights and responsibilities. This is important as it enhances the efficiency of trust administration, benefiting both trustees and beneficiaries.

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Latest
ENGROSSED SENATE BILL NO.
An Act ENROLLED SENATE BILL NO.
Howard of the Senate and Schreiber of the House 5 An Act relating to trusts;
Howard of the Senate and Schreiber of the House An Act relating to trusts;
2025 (60 O.S.
(60 O.S.
2025 (60 O.S.
(60 O.S.
ENGR.
SUBJECT:
S.
Trusts BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
B.
NO.
2104 Page 1 2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 ENGR.
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 include qualified beneficiaries as defined in Section 1601.3 of this title, 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 the action is filed.
Contingent beneficiaries designated by name or class shall not be necessary parties.
ENR.
2104 Page 2 interest in the trust which is the subject of the action include qualified beneficiaries as defined in Section 1601.3 of this title, 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 the action is filed.
2104 Page 2 D.
Contingent beneficiaries designated by name or class shall not be necessary parties.
D.
ENGR.
SECTION 2.
S.
B.
NO.
2104 Page 3 SECTION 2.
2.
ENR.
S.
B.
NO.
2104 Page 3 2.
of Title 60 of the Oklahoma Statutes or this title, the Oklahoma Charitable Fiduciary Act, Section 301.1 et ENGR.
of Title 60 of the Oklahoma Statutes or this title, the Oklahoma Charitable Fiduciary Act, Section 301.1 et seq.
S.
B.
NO.
2104 Page 4 seq.
2024 (60 O.S.
(60 O.S.
A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this act or other applicable law.
A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and ENR.
ENGR.
2104 Page 5 C.
2104 Page 4 includes terms and conditions that could be properly approved by the court under this act or other applicable law.
C.
Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation was adequate, and to determine whether the ENGR.
Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
ENR.
2104 Page 6 agreement contains terms and conditions the court could have properly approved.
2104 Page 5 E.
E.
2025 (60 O.S.
(60 O.S.
Show all 153 changed rows (113 more)
Previous
Latest
ENGR.
4.
S.
B.
NO.
2104 Page 7 4.
7.
ENR.
S.
B.
NO.
2104 Page 6 7.
ENGR.
a.
S.
B.
NO.
2104 Page 8 a.
would be a distributee or permissible distributee of trust income or principal if the interests of the distributee described in subparagraph a of this paragraph terminated on such date, c.
would be a distributee or permissible distributee of trust income or principal if the interests of the distributee described in subparagraph a of this paragraph terminated on such date, ENR.
would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date, d.
is a charitable organization expressly entitled to receive benefits under the terms of a charitable trust, or ENGR.
2104 Page 9 c.
2104 Page 7 c.
would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date, d.
is a charitable organization expressly entitled to receive benefits under the terms of a charitable trust, or c.
ENGR.
(1) expressed in the trust instrument, or ENR.
2104 Page 10 (1) expressed in the trust instrument, or (2) established by other evidence that would be admissible in a judicial proceeding, or b.
2104 Page 8 (2) established by other evidence that would be admissible in a judicial proceeding, or b.
(1) a trustee or other person in accordance with applicable law, (2) a court order, or (3) a nonjudicial settlement agreement under Section 1402 of Title 60 of the Oklahoma Statutes this title;
(1) a trustee or other person in accordance with applicable law, (2) a court order, or (3) a nonjudicial settlement agreement under Section of Title 60 of the Oklahoma Statutes this title;
A provision in a will or trust that would cause a forfeiture of or void a devise or provision in favor of a person for bringing a court action contesting a will or trust, shall be enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the ENGR.
A provision in a will or trust that would cause a forfeiture of or void a devise or provision in favor of a person for bringing a court action contesting a will or trust, shall be enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that:
S.
B.
NO.
2104 Page 11 forfeiture clause establishes by a preponderance of the evidence that:
Forfeiture clauses generally shall not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary’s duties, seeking redress against a fiduciary for a breach of the fiduciary’s duties, or seeking a judicial construction of a will or trust.
Forfeiture clauses generally shall not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary’s duties, seeking redress against a fiduciary for a ENR.
S.
B.
NO.
2104 Page 9 breach of the fiduciary’s duties, or seeking a judicial construction of a will or trust.
2025 (60 O.S.
(60 O.S.
The provisions of ENGR.
The provisions of this subsection shall be in addition to and are not in derogation of the rights of a removed or resigning trustee under the common law.
S.
B.
NO.
2104 Page 12 this subsection shall be in addition to and are not in derogation of the rights of a removed or resigning trustee under the common law.
1.
ENR.
S.
B.
NO.
2104 Page 10 1.
ENGR.
D.
S.
B.
NO.
2104 Page 13 D.
A statement that the trustee seeks settlement of the account of the trust, including the period of time for which the trustee ENGR.
A statement that the trustee seeks settlement of the account of the trust, including the period of time for which the trustee ENR.
2104 Page 14 seeks discharge of the account of the trust, and that clearly and conspicuously states that claims against a trustee under Article 9 of the Oklahoma Uniform Trust Code relating to liability of trustees and rights of persons dealing with trustees and Sections 175.23 and 175.57 of Title 60 of the Oklahoma Statutes, if applicable, will be forever barred if no objections are received within the time period described in subsection G of this section;
2104 Page 11 seeks discharge of the account of the trust, and that clearly and conspicuously states that claims against a trustee under Article 9 of the Oklahoma Uniform Trust Code relating to liability of trustees and rights of persons dealing with trustees and Sections 175.23 and 175.57 of Title 60 of the Oklahoma Statutes, if applicable, will be forever barred if no objections are received within the time period described in subsection G of this section;
or ENGR.
or 2.
S.
B.
NO.
2104 Page 15 2.
I.
ENR.
S.
B.
NO.
2104 Page 12 I.
When a settlement of account for a trustee seeking final settlement of an interim trust account is deemed approved under this section, each person who was sent notice as provided by subsection B ENGR.
When a settlement of account for a trustee seeking final settlement of an interim trust account is deemed approved under this section, each person who was sent notice as provided by subsection B or C of this section is barred from bringing a claim against the trustee for the period of the interim trust account to the same extent and with the same preclusive effect as if the court had entered a final, unappealable order approving the trustee’s interim trust account.
S.
B.
NO.
2104 Page 16 or C of this section is barred from bringing a claim against the trustee for the period of the interim trust account to the same extent and with the same preclusive effect as if the court had entered a final, unappealable order approving the trustee’s interim trust account.
2025 (60 O.S.
(60 O.S.
1.
ENR.
S.
B.
NO.
2104 Page 13 1.
ENGR.
4.
S.
B.
NO.
2104 Page 17 4.
A person who acts in reliance upon a certification of trust under this section without knowledge that the representations contained therein are incorrect is not liable to any person for so ENGR.
A person who acts in reliance upon a certification of trust under this section without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification.
Knowledge of the terms of the trust ENR.
2104 Page 18 acting and may assume without inquiry the existence of the facts contained in the certification.
2104 Page 14 may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
2025 (60 O.S.
(60 O.S.
ENGR.
2.
S.
B.
NO.
2104 Page 19 2.
Any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of this act unless there is a clear indication of a contrary intent in the terms of the trust;
Any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of ENR.
S.
B.
NO.
2104 Page 15 this act unless there is a clear indication of a contrary intent in the terms of the trust;
This paragraph shall not be ENGR.
This paragraph shall not be construed to modify the law existing prior to the effective date of such definition.
S.
B.
NO.
2104 Page 20 construed to modify the law existing prior to the effective date of such definition.
Passed the Senate the 11th day of March, 2026.
ENR.
Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2026.
Presiding Officer of the House of Representatives ENGR.
2104 Page 21
2104 Page 16 Passed the Senate the 11th day of March, 2026.
Presiding Officer of the Senate Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By:
_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By:
_________________________________ ENR.
S.
B.
NO.
2104 Page 17
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View plain text versions (5)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends several sections of Oklahoma's trust law to clarify jurisdiction, venue, necessary parties in trust proceedings, and specifies modifications to existing provisions regarding trustee powers and nonjudicial settlement agreements.

  • 60 O.S. 2021, Section 175.23

    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 include qualified beneficiaries as defined in Section 1601.3 of this title, → 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, qualified beneficiaries as defined in Section 1601.3 of this title,

    This change clarifies that qualified beneficiaries are necessary parties to actions concerning trusts.

  • 60 O.S. 2021, Section 175.23

    and all actions hereunder under this section are declared to be proceedings in rem.

    This removes a potentially redundant declaration regarding the nature of the actions.

  • 60 O.S. 2021, Section 175.717

    under Section 3 175.703 or 4 175.704 of this act title to: → under Section 3 or 4 of this title to:

    This change simplifies the reference to the sections regarding the trustee's power to distribute.

  • 60 O.S. Supp. 2025, Section 1402

    the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. → the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust, except as otherwise provided in subsection B of this section.

    This modification establishes a clear exception to the binding nature of nonjudicial settlement agreements.

  • 60 O.S. Supp. 2025, Section 1601.3

    c. e. is the Attorney General of this state with respect to a charitable trust having its principal place of administration in this state; → d. is the Attorney General of this state with respect to a charitable trust having its principal place of administration in this state;

    This change clarifies the definition of 'qualified beneficiary' by altering the sequence.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by Governor 05/12/2026

  2. Sent to Governor

  3. Signed, returned to Senate

  4. Enrolled, to House

  5. Referred for enrollment

  6. Signed, returned to Senate

  7. Third Reading, Measure passed: Ayes: 92 Nays: 0

  8. General Order

  9. CR; Do Pass Judiciary and Public Safety Oversight Committee

  10. Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Civil Judiciary

  11. Referred to Civil Judiciary

  12. Second Reading referred to Judiciary and Public Safety Oversight

  13. First Reading

  14. Engrossed to House

  15. Referred for engrossment

  16. Measure passed: Ayes: 42 Nays: 0

  17. General Order, Considered

  18. Coauthored by Representative Schreiber (principal House author)

  19. Placed on General Order

  20. Reported Do Pass as amended Judiciary committee; CR filed

  21. Second Reading referred to Judiciary

  22. Authored by Senator Howard

  23. First Reading

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 92 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 75004
Unaffiliated 3001
Democrat 14003
Total 92008
% of votes cast 92%0%0%8%
How each member voted (100)
Member Party Vote
Alonso-Sandoval — Yea
Mr. Speaker — Yea
VACANCY: — Not Voting
Crosswhite Hader — Yea
Aletia Timmons Democrat Yea
Amanda Clinton Democrat Yea
Andy Fugate Democrat Yea
Annie Menz Democrat Yea
Cyndi Munson Democrat Yea
Ellen Pogemiller Democrat Yea
Ellyn Hefner Democrat Yea
Jacob Rosecrants Democrat Not Voting
Jared Deck Democrat Not Voting
John Waldron Democrat Not Voting
Melissa Provenzano Democrat Yea
Meloyde Blancett Democrat Yea
Michelle McCane Democrat Yea
Mickey Dollens Democrat Yea
Ronald Stewart Democrat Yea
Suzanne Schreiber Democrat Yea
Trish Ranson Democrat Yea
Anthony Moore Republican Yea
Bob Ed Culver Republican Yea
Brad Boles Republican Yea
Brian Hill Republican Yea
Carl Newton Republican Yea
Chad Caldwell Republican Yea
Chris Banning Republican Yea
Chris Kannady Republican Yea
Chris Sneed Republican Yea
Clay Staires Republican Yea
Cody Maynard Republican Yea
Collin Duel Republican Yea
Cynthia Roe Republican Yea
Daniel Pae Republican Yea
Danny Sterling Republican Yea
Danny Williams Republican Yea
David Hardin Republican Yea
David Smith Republican Yea
Dell Kerbs Republican Yea
Derrick Hildebrant Republican Yea
Dick Lowe Republican Yea
Dillon Travis Republican Yea
Eddy Dempsey Republican Yea
Emily Gise Republican Yea
Eric Roberts Republican Yea
Erick Harris Republican Yea
Gabe Woolley Republican Yea
Gerrid Kendrix Republican Yea
Jason Blair Republican Yea
Jay Steagall Republican Yea
Jim Grego Republican Yea
Jim Olsen Republican Yea
Jim Shaw Republican Yea
John George Republican Yea
John Kane Republican Yea
John Pfeiffer Republican Yea
Jonathan Wilk Republican Yea
Josh Cantrell Republican Not Voting
Josh West Republican Yea
Judd Strom Republican Yea
Justin Humphrey Republican Yea
Ken Luttrell Republican Not Voting
Kenton Patzkowsky Republican Yea
Kevin Norwood Republican Yea
Kevin West Republican Not Voting
Marilyn Stark Republican Yea
Mark Chapman Republican Yea
Mark Lawson Republican Yea
Mark Lepak Republican Yea
Mark Tedford Republican Not Voting
Max Wolfley Republican Yea
Mike Dobrinski Republican Yea
Mike Kelley Republican Yea
Mike Lay Republican Yea
Mike Osburn Republican Yea
Molly Jenkins Republican Yea
Neil Hays Republican Yea
Nick Archer Republican Yea
Nicole Miller Republican Yea
Preston Stinson Republican Yea
Rande Worthen Republican Yea
Rick West Republican Yea
Rob Hall Republican Yea
Robert Manger Republican Yea
Ronny Johns Republican Yea
Ross Ford Republican Yea
Rusty Cornwell Republican Yea
Ryan Eaves Republican Yea
Scott Fetgatter Republican Yea
Stacy Jo Adams Republican Yea
Stan May Republican Yea
Steve Bashore Republican Yea
T.J. Marti Republican Yea
Tammy Townley Republican Yea
Tammy West Republican Yea
Tim Turner Republican Yea
Tom Gann Republican Yea
Toni Hasenbeck Republican Yea
Trey Caldwell Republican Yea

Official roll call →

Judiciary And Public Safety Oversight Committee: Do Pass

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 9000
Democrat 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Jacob Rosecrants Democrat Yea
Suzanne Schreiber Democrat Yea
Bob Ed Culver Republican Yea
Collin Duel Republican Yea
Danny Sterling Republican Yea
David Hardin Republican Yea
Erick Harris Republican Yea
John Kane Republican Yea
Justin Humphrey Republican Yea
Rande Worthen Republican Yea
Robert Manger Republican Yea

Official roll call →

Third Reading

Passed 42 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 34005
Democrat 8001
Total 42006
% of votes cast 88%0%0%13%
How each member voted (48)
Member Party Vote
Carri Hicks Democrat Yea
Jo Anna Dossett Democrat Yea
Julia Kirt Democrat Yea
Mark Mann Democrat Yea
Mary B. Boren Democrat Yea
Michael Brooks Democrat Yea
Nikki Nice Democrat Yea
Regina Goodwin Democrat Yea
Ronald Stewart Democrat Not Voting
Aaron Reinhardt Republican Yea
Adam Pugh Republican Yea
Ally Seifried Republican Yea
Avery Frix Republican Not Voting
Bill Coleman Republican Yea
Brenda Stanley Republican Yea
Brent Howard Republican Yea
Brian Guthrie Republican Yea
Bryan Logan Republican Yea
Casey Murdock Republican Not Voting
Christi Gillespie Republican Yea
Dana Prieto Republican Yea
Darcy Jech Republican Yea
Dave Rader Republican Yea
David Bullard Republican Yea
District 24 Republican Yea
Dusty Deevers Republican Yea
George Burns Republican Yea
Grant Green Republican Not Voting
Jerry Alvord Republican Yea
John Haste Republican Yea
Jonathan Wingard Republican Yea
Julie Daniels Republican Yea
Julie McIntosh Republican Yea
Kelly Hines Republican Yea
Kendal Sacchieri Republican Yea
Kristen Thompson Republican Yea
Lisa Standridge Republican Yea
Lonnie Paxton Republican Not Voting
Micheal Bergstrom Republican Yea
Paul Rosino Republican Not Voting
Randy Grellner Republican Yea
Rob Hall Republican Yea
Roland Pederson Republican Yea
Shane Jett Republican Yea
Spencer Kern Republican Yea
Todd Gollihare Republican Yea
Tom Woods Republican Yea
Warren Hamilton Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 2104?
SB 2104 is sponsored by Brent Howard (Republican) and Suzanne Schreiber (Democrat).
What is the current status of SB 2104?
This bill has been enacted into law. Introduced February 02, 2026. Enacted.
Where can I track SB 2104?
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