Oklahoma § 84-912 - Definitions

§ 84-912. Definitions

As used in the Uniform Electronic Estate Planning Documents Act:

1. “Electronic” means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities;

2. “Electronic record” means a record created, generated, sent,

communicated, received, or stored by electronic means;

3. “Electronic signature” means an electronic symbol or process

attached to or logically associated with a record and executed or

adopted by a person with the intent to sign the record;

4. “Information” includes data, text, images, codes, computer

programs, software, and databases;

5. “Non-testamentary estate planning document” means a record

relating to estate planning that is readable as text at the time of

signing and is not a will or contained in a will. Non-testamentary

estate planning document includes:

a.

a record readable as text at the time of signing that

creates, exercises, modifies, releases, or revokes:

(1) a trust instrument,

(2) a trust power that under the terms of the trust

requires a signed record,

(3) a memorandum or certification of a trust,

(4) a durable power of attorney,

(5) an agent’s certification of the validity of a

power of attorney and the agent’s authority,

(6) a power of appointment,

(7) an advance directive including a health-care

power of attorney, directive to physicians,

natural death statement, living will, and medical

or physician order for life-sustaining treatment,

(8) a record directing disposition of an individual’s

body after death,

(9) a nomination of a guardian for the signing

individual,

(10) a nomination of a guardian for a minor child or

disabled adult child,

(11) a mental health treatment declaration, or

Oklahoma Statutes - Title 84. Wills and Succession

(12) any other record intended to carry out an

individual’s intent regarding property or health

care while incapacitated or on death, and

b.

Non-testamentary estate planning document does not

include a deed of real property or certificate of

title for a motor vehicle, watercraft, or aircraft;

6. “Person” means an individual, estate, business or nonprofit

entity, government or governmental subdivision, agency, or

instrumentality, or other legal entity;

7. “Power of attorney” means a record that grants authority to

an agent to act in place of the principal, even if the term is not

used in the record;

8. “Record” means information:

a.

inscribed on a tangible medium, or

b.

stored in an electronic or other medium and

retrievable in perceivable form;

9. “Security procedure” means a procedure to verify that an

electronic signature, record, or performance is that of a specific

person or to detect a change or error in an electronic record,

including a procedure that uses an algorithm, code, identifying word

or number, encryption, callback, or other acknowledgment procedure;

10. “Settlor” means a person, including a testator, that

creates or contributes property to a trust;

11. “Sign” means, with present intent to authenticate or adopt

a record:

a.

execute or adopt a tangible symbol, or

b.

attach to or logically associate with the record an

electronic signature;

12. “State” means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or other

territory or possession subject to the jurisdiction of the United

States. The term includes a federally recognized Indian tribe;

13. “Terms of a trust” means:

a.

except as provided in subparagraph b of this

paragraph, the manifestation of the settlor’s intent

regarding a trust’s provisions as:

(1) expressed in the trust instrument, or

(2) established by other evidence that would be

admissible in a judicial proceeding; or

b.

the trust’s provisions as established, determined, or

amended by:

(1) a trustee or other person in accordance with

applicable law,

(2) a court order, or

(3) a nonjudicial settlement agreement;

Oklahoma Statutes - Title 84. Wills and Succession

14. “Trust instrument” means an instrument executed by the

settlor or other person authorized by law that contains terms of the

trust including any amendments; and

15. “Will” includes a codicil and a testamentary instrument

that appoints an executor, revokes or revises another will,

nominates a guardian, or expressly excludes or limits the right of

an individual or class to succeed to property of the decedent

passing by intestate succession.

Added by Laws 2024, c. 344, § 12, eff. Nov. 1, 2024.