Oklahoma § 6-902 - Trustee deposit accounts

§ 6-902. Trustee deposit accounts

A. Whenever any deposit shall be made in a bank by any person

which is in form in trust for another, and no other or further

notice of the existence and terms of a legal and valid trust shall

have been given in writing to the bank, in the event of the death of

the trustee, the same, or any part thereof, together with the

interest thereon, may be paid to the person or persons for whom the

deposit was made. A deposit held in this form shall be deemed to

constitute a Totten Trust. A revocation of such trust may only be

made in writing to the bank and the bank shall not suffer any

liability for payment of funds pursuant to the trust unless and

until it receives written notice of revocation.

B. 1. If a deposit account is opened with a bank by one or

more persons expressly as a trustee for one or more other named

persons and further notice of the existence and terms of a legal and

valid trust is not given in writing to the bank, the bank may accept

and administer the account as set forth in subsection A of this

section.

2. If a deposit account is opened with a bank by one or more

persons expressly as a trustee for one or more other named persons

pursuant to or purporting to be pursuant to a written trust

agreement, the trustee may provide the bank with a certificate of

trust to evidence the trust relationship. The certificate shall be

an affidavit of the trustee and must include the effective date of

the trust, the name of the trustee, the name or method for choosing

successor trustees, the name and address of each beneficiary, the

authority granted to the trustee, the disposition of the account on

the death of the trustee or the survivor of two or more trustees,

other information required by the bank, and an indemnification of

the bank. The bank may accept and administer the account, subject

Oklahoma Statutes - Title 6. Banks and Trust Companies

to the provisions of Title 58 of the Oklahoma Statutes, in

accordance with the certificate of trust without requiring a copy of

the trust agreement. The bank is not liable for administering the

account as provided by the certificate of trust, even if the

certificate of trust is contrary to the terms of the trust

agreement, unless the bank has actual knowledge of the terms of the

trust agreement.

3. On the death of the trustee or the survivor of two or more

trustees, the bank may pay all or part of the withdrawal value of

the account with interest as provided by the certificate of trust.

If the trustee did not deliver a certificate of trust, the bank's

right to treat the account as owned by a trustee ceases on the death

of the trustee. On the death of the trustee or the survivor of two

or more trustees, the bank shall, unless the certificate of trust

provides otherwise, pay the withdrawal value of the account, with

interest, in equal shares to the persons who survived the trustee,

are named as beneficiaries in the certificate of trust, and can be

located by the bank from its own records. If there is not a

certificate of trust, payment of the withdrawal value and interest

shall be made as provided by Title 58 of the Oklahoma Statutes. Any

payment made under this section for all or part of the withdrawal

value and interest discharges any liability of the bank to the

extent of the payment. The bank may pay all or part of the

withdrawal value and interest in the manner provided by this

section, regardless of whether it has knowledge of a competing

claim, unless the bank receives actual knowledge that payment has

been restrained by order of a court of competent jurisdiction.

4. This section does not obligate a bank to accept a deposit

account from a trustee who does not furnish a copy of the trust

agreementor to search beyond its own records for the location of a

named beneficiary.

5. This section does not affect a contractual provision to the

contrary that otherwise complies with the laws of this state.

Added by Laws 1965, c. 161, § 902. Amended by Laws 1991, c. 128, §

8, emerg. eff. April 29, 1991; Laws 1993, c. 183, § 13, eff. July 1,

1993; Laws 1997, c. 111, § 77, eff. July 1, 1997.