Okla. Stat. tit. 58, § 58-1219
This is the official text of Okla. Stat. tit. 58, § 58-1219, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Successor or substitute custodian
Official statutory text
A. A person nominated in accordance with the provisions of
Section 4 of this act or designated pursuant to the provisions of
Section 10 of this act as custodian may decline to serve by
delivering a valid disclaimer pursuant to the provisions of Sections
751 through 759 of Title 60 of the Oklahoma Statutes to the person
who made the nomination or to the transferor or the transferor's
legal representative. If the event giving rise to a transfer has
not occurred and no substitute custodian able, willing, and eligible
to serve was nominated in accordance with the provisions of Section
4 of this act, the person who made the nomination may nominate a
substitute custodian in accordance with the provisions of Section 4
Oklahoma Statutes - Title 58. Probate Procedure Page 154
of this act; otherwise, the transferor or the transferor's legal
representative shall designate a substitute custodian at the time of
the transfer, in either case from among the persons eligible to
serve as custodian for that kind of property in accordance with the
provisions of subsection A of Section 10 of this act. The custodian
so designated has the rights of a successor custodian.
B. A custodian at any time may designate a trust company or an
adult other than a transferor according to the provisions of Section
5 of this act as successor custodian by executing and dating an
instrument of designation before a subscribing witness other than
the successor. If the instrument of designation does not contain or
is not accompanied by the resignation of the custodian, the
designation of the successor does not take effect until the
custodian resigns, dies, becomes incapacitated, or is removed.
C. A custodian may resign at any time by delivering written
notice to the minor if the minor has attained the age of fourteen
(14) years and to the successor custodian and by delivering the
custodial property to the successor custodian.
D. If a custodian is ineligible, dies, or becomes incapacitated
without having effectively designated a successor custodian and the
minor has attained the age of fourteen (14) years, the minor may
designate as successor custodian, in the manner prescribed in
subsection B of this section, an adult member of the minor's family,
a guardian of the minor, or a trust company. If the minor has not
attained the age of fourteen (14) years or fails to act within sixty
(60) days after the ineligibility, death, or incapacity, the
guardian of the minor becomes successor custodian. If the minor has
no guardian or the guardian declines to act, the transferor, the
legal representative of the transferor or of the custodian, an adult
member of the minor's family, or any other interested person may
petition the court to designate a successor custodian.
E. A custodian who declines to serve in accordance with the
provisions of subsection A of this section or resigns pursuant to
the provisions of subsection C of this section, or the legal
representative of a deceased or incapacitated custodian, as soon as
practicable, shall put the custodial property and records in the
possession and control of the successor custodian. The successor
custodian, by action, may enforce the obligation to deliver
custodial property and records and becomes responsible for each item
as received.
F. A transferor, the legal representative of a transferor, an
adult member of the minor's family, a guardian of the person of the
minor, the conservator of the minor, or the minor if the minor has
attained the age of fourteen (14) years may petition the court to
remove the custodian for cause and to designate a successor
custodian other than a transferor pursuant to the provisions of
Oklahoma Statutes - Title 58. Probate Procedure Page 155
Section 5 of this act or to require the custodian to give
appropriate bond.
Section 4 of this act or designated pursuant to the provisions of
Section 10 of this act as custodian may decline to serve by
delivering a valid disclaimer pursuant to the provisions of Sections
751 through 759 of Title 60 of the Oklahoma Statutes to the person
who made the nomination or to the transferor or the transferor's
legal representative. If the event giving rise to a transfer has
not occurred and no substitute custodian able, willing, and eligible
to serve was nominated in accordance with the provisions of Section
4 of this act, the person who made the nomination may nominate a
substitute custodian in accordance with the provisions of Section 4
Oklahoma Statutes - Title 58. Probate Procedure Page 154
of this act; otherwise, the transferor or the transferor's legal
representative shall designate a substitute custodian at the time of
the transfer, in either case from among the persons eligible to
serve as custodian for that kind of property in accordance with the
provisions of subsection A of Section 10 of this act. The custodian
so designated has the rights of a successor custodian.
B. A custodian at any time may designate a trust company or an
adult other than a transferor according to the provisions of Section
5 of this act as successor custodian by executing and dating an
instrument of designation before a subscribing witness other than
the successor. If the instrument of designation does not contain or
is not accompanied by the resignation of the custodian, the
designation of the successor does not take effect until the
custodian resigns, dies, becomes incapacitated, or is removed.
C. A custodian may resign at any time by delivering written
notice to the minor if the minor has attained the age of fourteen
(14) years and to the successor custodian and by delivering the
custodial property to the successor custodian.
D. If a custodian is ineligible, dies, or becomes incapacitated
without having effectively designated a successor custodian and the
minor has attained the age of fourteen (14) years, the minor may
designate as successor custodian, in the manner prescribed in
subsection B of this section, an adult member of the minor's family,
a guardian of the minor, or a trust company. If the minor has not
attained the age of fourteen (14) years or fails to act within sixty
(60) days after the ineligibility, death, or incapacity, the
guardian of the minor becomes successor custodian. If the minor has
no guardian or the guardian declines to act, the transferor, the
legal representative of the transferor or of the custodian, an adult
member of the minor's family, or any other interested person may
petition the court to designate a successor custodian.
E. A custodian who declines to serve in accordance with the
provisions of subsection A of this section or resigns pursuant to
the provisions of subsection C of this section, or the legal
representative of a deceased or incapacitated custodian, as soon as
practicable, shall put the custodial property and records in the
possession and control of the successor custodian. The successor
custodian, by action, may enforce the obligation to deliver
custodial property and records and becomes responsible for each item
as received.
F. A transferor, the legal representative of a transferor, an
adult member of the minor's family, a guardian of the person of the
minor, the conservator of the minor, or the minor if the minor has
attained the age of fourteen (14) years may petition the court to
remove the custodian for cause and to designate a successor
custodian other than a transferor pursuant to the provisions of
Oklahoma Statutes - Title 58. Probate Procedure Page 155
Section 5 of this act or to require the custodian to give
appropriate bond.
Status: in_force · Read it on the official government site
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