Okla. Stat. tit. 60, § 175.23
District Court - Jurisdiction to Construe Instruments
Effective Nov 1, 2026Laws 1941, HB 174, p. 255, § 23; Amended by Laws 1993, SB 546, c. 345, § 14, eff. September 1, 1993; Amended by Laws 1995, HB 1946, c. 351, § 22, eff. November 1, 1995; Amended by Laws 2026, SB 2104, c. 414, § 1, eff. November 1, 2026 (superseded document available).
- 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 under this section are declared to be proceedings in rem.
- B. The venue of such actions shall be as provided in Section 1602.3 of this title. Upon obtaining jurisdiction the same shall not be divested by the removal of the trustee from the county where the action is commenced.
- C. Actions under this section 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 necessary parties to such actions shall 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.
- D. The provisions of Article 3 of the Oklahoma Uniform Trust Code relating to representation shall apply to all actions and proceedings brought under the provisions of this act.
- E. 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.
- F. A court of competent jurisdiction may, for cause shown and upon notice to the necessary parties identified in subsection C of this section, 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; provided, that any such action or request for action shall proceed under the provisions of Title 12 of the Oklahoma Statutes governing temporary restraining orders and temporary injunctions.
Laws 1941, HB 174, p. 255, § 23; Amended by Laws 1993, SB 546, c. 345, § 14, eff. September 1, 1993; Amended by Laws 1995, HB 1946, c. 351, § 22, eff. November 1, 1995; Amended by Laws 2026, SB 2104, c. 414, § 1, eff. November 1, 2026 (superseded document available).