Okla. Stat. tit. 18, § 18-381.40a

This is the official text of Okla. Stat. tit. 18, § 18-381.40a, part of Oklahoma’s Stat. tit. 18, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 18,." Browse the sections below, each linked to its official government source.

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Totten Trusts – Express trusts - Payment

Official statutory text

A. Whenever any deposit shall be made in an association by any

person which is in the form of a trust for another, and no other or

further notice of the existence and terms of a legal and valid trust

Oklahoma Statutes - Title 18. Corporations Page 46

shall have been given in writing to the association, in the event of

the death of the trustee, the same, or any part thereof, together

with the interest thereon, may be paid to the person or persons for

whom the deposit was made. A deposit held in this form shall be

deemed to constitute a Totten Trust. A revocation of such trust may

only be made in writing to the association, and the association

shall not suffer any liability for payment of funds pursuant to the

trust unless and until it receives written notice of revocation.

B. 1. If a deposit account is opened with an association by

one or more persons expressly as a trustee for one or more other

named persons and further notice of the existence and terms of a

legal and valid trust is not given in writing to the association,

the association may accept and administer the account as set forth

in subsection A of this section.

2. If a deposit account is opened with an association by one or

more persons expressly as a trustee for one or more other named

persons pursuant to or purporting to be pursuant to a written trust

agreement, the trustee may provide the association with a

certificate of trust to evidence the trust relationship. The

certificate shall be an affidavit of the trustee and must include

the effective date of the trust, the name of the trustee, the name

or method for choosing successor trustees, the name and address of

each beneficiary, the authority granted to the trustee, the

disposition of the account on the death of the trustee or the

survivor of two or more trustees, other information required by the

association, and an indemnification of the association. The

association may accept and administer the account, subject to the

provisions of Title 58 of the Oklahoma Statutes, in accordance with

the certificate of trust without requiring a copy of the trust

agreement. The association is not liable for administering the

account as provided by the certificate of trust, even if the

certificate of trust is contrary to the terms of the trust

agreement, unless the association has actual knowledge of the terms

of the trust agreement.

3. On the death of the trustee or the survivor of two or more

trustees, the association may pay all or part of the withdrawal

value of the account with interest as provided by the certificate of

trust. If the trustee did not deliver a certificate of trust, the

association's right to treat the account as owned by a trustee

ceases on the death of the trustee. On the death of the trustee or

the survivor of two or more trustees, the association shall, unless

the certificate of trust provides otherwise, pay the withdrawal

value of the account, with interest, in equal shares to the persons

who survived the trustee, are named as beneficiaries in the

certificate of trust, and can be located by the association from its

own records. If there is not a certificate of trust, payment of the

withdrawal value and interest shall be made as provided by Title 58

Oklahoma Statutes - Title 18. Corporations Page 47

of the Oklahoma Statutes. Any payment made under this section for

all or part of the withdrawal value and interest discharges any

liability of the association to the extent of the payment. The

association may pay all or part of the withdrawal value and interest

in the manner provided by this section, regardless of whether it has

knowledge of a competing claim, unless the association receives

actual knowledge that payment has been restrained by order of a

court of competent jurisdiction.

4. This section does not obligate an association to accept a

deposit account from a trustee who does not furnish a copy of the
of the withdrawal value and interest

in the manner provided by this section, regardless of whether it has

knowledge of a competing claim, unless the association receives

actual knowledge that payment has been restrained by order of a

court of competent jurisdiction.

4. This section does not obligate an association to accept a

deposit account from a trustee who does not furnish a copy of the

trust agreement or to search beyond its own records for the location

of a named beneficiary.

5. This section does not affect a contractual provision to the

contrary that otherwise complies with the laws of this state.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.