Oklahoma § 6-906 - Transfer to known heirs of deceased without designated

§ 6-906. Transfer to known heirs of deceased without designated

beneficiary — Affidavit — Release and discharge — False affidavit.

A. 1. When a deposit has been made in a bank or credit union

in the name of a sole individual without designation of a payableon-death beneficiary, upon the death of the sole owner of the

account if the amount of the aggregate deposits held in single

ownership accounts in the name of the deceased individual is Fifty

Thousand Dollars ($50,000.00) or less, the bank or credit union may,

without a requirement that heirs open an additional account,

transfer the funds to the known heirs of the deceased upon receipt

of an affidavit sworn to by the known heirs of the deceased which

establishes jurisdiction and relationship and states that the owner

of the account left no will; provided, however, that no probate

Oklahoma Statutes - Title 6. Banks and Trust Companies

proceedings are pending. The affidavit shall be sworn to and signed

by the known heirs of the deceased and the same shall swear that the

facts set forth in the affidavit establishing jurisdiction, heirship

and intestacy are true and correct. The affidavit may contain a

clause indemnifying the bank from any damages related to the release

of funds. In the event the account is subject to pending probate

proceedings, the release of the deposits in the account shall be

determined by the court.

2. Upon the death of an individual who is the sole renter of a

safe deposit box in a bank or credit union, the bank or credit union

may open the box in the presence of all known heirs and transfer or

release the contents to such heirs upon receipt of an affidavit

which establishes jurisdiction and relationship to the deceased and

states that the renter of the safe deposit box left no will or that

the contents of the safe deposit box are the only known assets of

the deceased renter. The affidavit shall be sworn to and signed by

the known heirs of the deceased and the same shall swear that the

facts set forth in the affidavit establishing jurisdiction, heirship

and intestacy or that the contents of the safe deposit box are the

only asset of the deceased are true and correct. Every known heir

shall either be present in person or by a duly authorized agent. If

any known heir is unable to be physically present for the opening of

the box and transfer of the contents, such heir may appoint an agent

by executing authorization in writing in the following form: "I

hereby authorize (name of person) to act as my agent at the opening

and transfer of contents of safe deposit box (number or other

identification) at (name of financial institution)." The

authorization form shall be signed and dated by the heir and

notarized. The bank or credit union may impose its standard fee for

drilling the box if the heirs cannot provide the key for opening.

B. Receipt by the bank or credit union of the affidavit

described in subsection A of this section shall be a valid and

sufficient release and discharge to the bank or credit union for any

transfer of deposits or contents made in good-faith reliance on the

affidavit and shall serve to discharge the bank or credit union from

liability as to any other party, including any heir, legatee,

devisee, creditor or other person having rights or claims to funds

or property of the decedent, and include a discharge of the bank or

credit union from liability for any estate, inheritance or other

taxes which may be due the state from the estate or as a result of

the transfer.

C. Any person who knowingly submits and signs a false affidavit

as provided in this section shall be fined not more than Three

Thousand Dollars ($3,000.00) or imprisoned for not more than six (6)

months, or both. Restitution of the amount fraudulently attained

shall be made to the rightful beneficiary by the guilty person.

Oklahoma Statutes - Title 6. Banks and Trust Companies

Added by Laws 1991, c. 128, § 9, emerg. eff. April 29, 1991.

Amended by Laws 1997, c. 111, § 80, eff. July 1, 1997; Laws 2007, c.

80, § 5, eff. Jan. 1, 2008; Laws 2011, c. 109, § 1, eff. Nov. 1,

2011; Laws 2012, c. 291, § 1, eff. Nov. 1, 2012; Laws 2017, c. 73, §

1, eff. Nov. 1, 2017; Laws 2021, c. 316, § 3, eff. Nov. 1, 2021.