Okla. Stat. tit. 71, § 71-908
This is the official text of Okla. Stat. tit. 71, § 71-908, part of Oklahoma’s Stat. tit. 71, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 71,." Browse the sections below, each linked to its official government source.
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Ownership on death - Rights of creditors
Official statutory text
A. On death of a sole owner or the last to die of all multiple
owners, ownership of securities registered in beneficiary form
passes to the beneficiary or beneficiaries who survive all owners.
On proof of death of all owners and compliance with any applicable
requirements of the registering entity, a security registered in
beneficiary form may be reregistered in the name of the beneficiary
or beneficiaries who survived the death of all owners. Until
division of the security after the death of all owners, multiple
beneficiaries surviving the death of all owners hold their interests
as tenants in common.
B. If no beneficiary survives the death of all owners, the
security belongs to the estate of the deceased sole owner or the
estate of the last to die of all multiple owners. A beneficiary
fails to survive if the beneficiary is treated as having predeceased
an owner by operation of Section 178 of Title 15 of the Oklahoma
Statutes.
Oklahoma Statutes - Title 71. Securities Page 190
C. 1. A registration in beneficiary form is not effective
against an estate of a deceased sole owner or a deceased last to die
of multiple owners to transfer to a beneficiary or beneficiaries
sums needed to pay debts, taxes, and expenses of administration,
including statutory allowances to the surviving spouse, minor
children, and dependent children, if other assets of the estate are
insufficient. A TOD beneficiary in whose name a security is
registered after the death of the owner is liable to account to the
deceased owner's personal representative for securities so
registered or their proceeds to the extent necessary to discharge
such claims and charges remaining unpaid after the application of
the assets of the decedent's estate. A proceeding to assert this
liability may not be commenced unless the personal representative
has received a written demand by a surviving spouse, a creditor, or
one acting for a minor dependent child of the decedent, and a
proceeding may not be commenced later than two (2) years following
the death of the decedent. A beneficiary against whom the
proceeding is brought may elect to transfer to the personal
representative the security registered in the name of the
beneficiary after the death of the deceased owner if the beneficiary
still owns the security, or the net proceeds received by the
beneficiary upon disposition of the security by the beneficiary, and
that transfer fully discharges the beneficiary from all liability
under this subsection. Amounts or securities recovered by the
personal representative must be administered as part of the deceased
owner's estate.
2. This subsection does not affect the right of a registering
entity to register a security in the name of the beneficiary, or
make a registering entity liable to the estate of a deceased owner,
except for a reregistration after a registering entity has received
written notice from any claimant to an interest in the security
objecting to implementation of a registration in beneficiary form.
owners, ownership of securities registered in beneficiary form
passes to the beneficiary or beneficiaries who survive all owners.
On proof of death of all owners and compliance with any applicable
requirements of the registering entity, a security registered in
beneficiary form may be reregistered in the name of the beneficiary
or beneficiaries who survived the death of all owners. Until
division of the security after the death of all owners, multiple
beneficiaries surviving the death of all owners hold their interests
as tenants in common.
B. If no beneficiary survives the death of all owners, the
security belongs to the estate of the deceased sole owner or the
estate of the last to die of all multiple owners. A beneficiary
fails to survive if the beneficiary is treated as having predeceased
an owner by operation of Section 178 of Title 15 of the Oklahoma
Statutes.
Oklahoma Statutes - Title 71. Securities Page 190
C. 1. A registration in beneficiary form is not effective
against an estate of a deceased sole owner or a deceased last to die
of multiple owners to transfer to a beneficiary or beneficiaries
sums needed to pay debts, taxes, and expenses of administration,
including statutory allowances to the surviving spouse, minor
children, and dependent children, if other assets of the estate are
insufficient. A TOD beneficiary in whose name a security is
registered after the death of the owner is liable to account to the
deceased owner's personal representative for securities so
registered or their proceeds to the extent necessary to discharge
such claims and charges remaining unpaid after the application of
the assets of the decedent's estate. A proceeding to assert this
liability may not be commenced unless the personal representative
has received a written demand by a surviving spouse, a creditor, or
one acting for a minor dependent child of the decedent, and a
proceeding may not be commenced later than two (2) years following
the death of the decedent. A beneficiary against whom the
proceeding is brought may elect to transfer to the personal
representative the security registered in the name of the
beneficiary after the death of the deceased owner if the beneficiary
still owns the security, or the net proceeds received by the
beneficiary upon disposition of the security by the beneficiary, and
that transfer fully discharges the beneficiary from all liability
under this subsection. Amounts or securities recovered by the
personal representative must be administered as part of the deceased
owner's estate.
2. This subsection does not affect the right of a registering
entity to register a security in the name of the beneficiary, or
make a registering entity liable to the estate of a deceased owner,
except for a reregistration after a registering entity has received
written notice from any claimant to an interest in the security
objecting to implementation of a registration in beneficiary form.
Status: in_force · Read it on the official government site
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