Okla. Stat. tit. 60, § 60-175.23
This is the official text of Okla. Stat. tit. 60, § 60-175.23, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Jurisdiction of district court regarding trusts - Venue
Official statutory text
- Parties - Applicable statutes.
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
same shall not be divested by the removal of the trustee from the
county where the action is commenced.
Oklahoma Statutes - Title 60. Property Page 60
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
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.
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.
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
same shall not be divested by the removal of the trustee from the
county where the action is commenced.
Oklahoma Statutes - Title 60. Property Page 60
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
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.
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.
Status: in_force · Read it on the official government site
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