§60-1606.3. Limitation on action contesting validity of revocable
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/ok/title-60-property/60-1606-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
trust — Distribution of trust property.
A. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within three
(3)years after the later of either the settlor's death or actual or constructive notice of the existence and terms of the trust.
B. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
1. The trustee knows of a pending judicial proceeding contesting the validity of the trust;
2. The trustee knows of claims, costs, expenses, or allowances that would be payable from the trust pursuant to paragraph 2 of subsection A of Section 36 of this act; or
3. A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty
(60)days after the contestant sent the notification.
C. A beneficiary of a trust that is determined to have been invalid or which is subject to claims, costs, expenses, or allowances under paragraph 2 of subsection B of this section is liable to return any distribution received.
ARTICLE 7
OFFICE OF TRUSTEE Added by Laws 2025, c. 254, § 39, eff. Nov. 1, 2025.