Revocable Living Trusts in Oklahoma

Oklahoma enacted the Oklahoma Uniform Trust Code (60 O.S. § 1601.1 et seq., Laws 2025, ch. 254, effective November 1, 2025), alongside the older Oklahoma Trust Act (60 O.S. § 175.1 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create it, the trust has a definite beneficiary (or is a charitable or other permitted purpose trust), and the other statutory requirements are met. A trust need not be in a written instrument, but an oral trust can be proved only by clear and convincing evidence (real estate transfers still need a deed). The capacity needed to create, amend or revoke a revocable trust is the same as for making a will, and while a trust is revocable the trustee's duties are owed to the settlor. Under the Oklahoma Trust Act, every trust is revocable by the trustor unless the instrument expressly makes it irrevocable. Property titled in the trustee's name passes under the trust terms at death without probate; assets left in the decedent's own name may still require probate.

Non-probate transfers available in Oklahoma: (1) Transfer-on-death deed for real estate, recorded before death; the beneficiary must record an acceptance affidavit within nine months after death (58 O.S. §§ 1251-1258). (2) Joint tenancy with right of survivorship in real estate, ended by affidavit and death certificate filed with the county clerk (58 O.S. § 912). (3) Payable-on-death (P.O.D.) bank deposit accounts and joint accounts payable to the survivor (6 O.S. § 901). (4) Transfer-on-death registration of securities, a nonprobate transfer (71 O.S. §§ 901-913). (5) Transfer-on-death notice for an unencumbered motor vehicle filed with Service Oklahoma (47 O.S. § 1107.5). (6) Small estate affidavit for personal property when the estate subject to probate is $50,000 or less (58 O.S. § 393). (7) Summary administration for estates of $200,000 or less (58 O.S. § 245). (8) Revocable living trust.