ARTICLE I: IDENTIFICATION

1.1 NAME. This Section shall be known as "The Estate Planning, Probate and Trust Section", and shall be hereinafter designated simply as "the Section". The Oklahoma Bar Association shall be referred to as the OBA.

1.2 PURPOSE. The general purposes of the Section shall be the promotion of the objectives of the OBA within the particular field; designated by the name of this Section. To that end, it shall to the purposes of this Section to provide members of the Section with a structured form In which to pursue their interests and their Continuing legal education in the areas of estate planning, probate and trust law and to promote and further the development of these areas of the law in Oklahoma.

ARTICLE II: MEMBERSHIP

2.1 ENROLLMENT. Any member in good standing of the OBA shall, upon request to the Executive Director of the OBA, be enrolled as a member of the Section by the payment of annual Section dues.

2.2 THE MEMBERSHIP. Members so enrolled and whose dues are paid pursuant to the provisions of this Article shall constitute the Membership of the Section.

2.3 DUES. Dues for membership in the Section shall be in an amount set by the Section and approved by the Board of Governors, payable upon enrollment to the OBA thereafter annually in advance each year, at the beginning of the calendar year succeeding such enrollment.

ARTICLE III: COMMITTEES

3.1 ADMINISTRATIVE COMMITTEE. There shall be an Administrative Committee appointed by the Chairperson of the Section. The purpose of the committee shall be formulation of specific proposals affecting the Section membership. The Chairperson Elect shall serve as chairperson of this committee. The Administrative Committee may prepare proposals for presentation to the Section Membership. Proposals may be submitted at any meeting of the Section Membership.

3.2 BUDGET COMMITTEE. There shall be a Budget Committee chosen by the Chairperson-Elect, by August 1st of each year. The Chairperson shall serve as chairperson of the committee. The Budget Committee shall prepare a proposed budget of the financial needs, programs and expenditures of the Section (including reimbursement of Section Officers and members for expenses on behalf of the Section) for the following year. Such programs and expenditures shall be in accord with and not conflict with the policies of the OBA. The Budget Committee shall submit its proposed budget to the Budget Committee of the OBA no later than August 15, each year. The proposed budget shall be disseminated to the members of the Section by mail, facsimile or electronic mail, or shall be disseminated by publication in the section website, the OBJ or a Section publication at Section expense to provide Section members the opportunity to comment, in writing. directly to the Section Budget Committee. The final Section budget shall be submitted for adoption by the members of the Section at the Annual Meeting, subject to the advice and consent of the Board of Governors. Amendments to the budget may be proposed by the Budget Committee, from time to time, and shall be effective upon acceptance by the Board of Governors. The proposed budget should include a description of the Section's long range and intermediate plans for programs and/or activities which require the accumulation of funds and the establishment of reserves. Fund accumulations shall be subject to the policies established in the OBA Guidelines for Committees and Sections, as adopted by the Board of Governors from time to time.

3.3  OTHER COMMITTEES.  The Chairperson may create additional committees as needed and dissolve any additional committees which have been created.

ARTICLE IV: MEETINGS OF THE MEMBERSHIP

4.1 ANNUAL MEETING. The section shall hold an annual meeting of members in conjunction with the Annual Meeting of the OBA. The Section may hold other meetings throughout the year.

4.2 QUORUM. The members of the Section present at any meeting shall constitute a quorum for the transaction of business.

4.3 CONTROLLING VOTE. Action of the Section shall be by majority vote of the members present.

4.4 VOTING ELIGIBILITY. Any member of the OBA and the Section whose good standing can be certified by official OBA records for thirty days prior to the time of voting shall be eligible to vote.

4.5 AGENDA. Among the matters of business to be transacted at the annual meeting of the membership shall be the election of officers. The agenda shall consist of other matters as decided by the Chairperson.

4.6 MAIL VOTING. The Chairperson may direct that a matter be submitted to the members of the Section for vote by mail, facsimile or electronic mail. In that event, binding action of the Section shall be by a majority of the votes received from members. Results of the mail, facsimile or electronic mail vote shall be confirmed in the Minutes of the next meeting.

ARTICLE V: OFFICERS

5.1 OFFICERS. The officers of the Section shall be the Chairperson, Chairperson-Elect, Secretary and Treasurer.

5.2 CHAIRPERSON. The Chairperson, or the Chairperson Elect, in absence of the Chairperson, shall preside at all meetings of the Section and shall be responsible for the management and administration of the Section and its activities.

5.3 CHAIRPERSON-ELECT. The Chairperson Elect shall perform the duties of the Chairperson when the Chairperson is unable to act and shall succeed the Chairperson in the event of resignation, disability or other permanent termination.

5.4 SECRETARY. If the officers of the Section include a Secretary, the Secretary shall keep records of all proceedings in accordance with the Guide for Committees and Sections of the OBA. If the officers of the Section do not include a Secretary, the Chairperson or the Chairperson Elect, as determined by the Chairperson, shall perform such duties.

5.5 TREASURER. The Treasurer shall verify the deposit of all Section moneys with the OBA, oversee and verify the disbursement of funds in accordance with the Section Budget and the Policies of the OBA, obtain accurate financial records and keep the Section Officers and the members apprised of the financial status of the Section in accordance with the OBA guidelines for Committees and Sections, as adopted by the Board of Governors from time to time. Section funds shall be deposited with the OBA to the credit of the Section. Unless otherwise provided by resolution of the Budget Committee or the members of the Section, all disbursements from the Section funds shall be issued upon written authorization of the Chairperson, Chairperson Elect or Treasurer of the Section.

ARTICLE VI: ELECTIONS

6.1 ELECTIVE OFFICERS. At each annual meeting of the Section, the membership shall elect a Chairperson Elect to serve a term of one year. If, in accordance with Section 5.1, the officers of the Section are to include one or both of a Secretary and a Treasurer, then at each annual meeting of the Section the membership also shall elect a Secretary and a Treasurer to serve a term of one year.

6.2 CHAIRPERSON. The Chairperson Elect shall automatically succeed to the office of Chairperson and shall serve a term of one year and may not again accede to that office. In the event the office of Chairperson Elect shall be vacant, then a Chairperson also shall be elected.

6.3 ELIGIBILITY FOR OFFICE. Any member of the OBA and the Section whose good standing can be certified by official OBA records for thirty days prior to the time of election shall be eligible for office.

6.4 NOMINATIONS AND VOTING.

(a) A three person Nominating Committee shall be appointed by the Chairperson at lease 30 days prior to the beginning of the annual meeting.

(b) In appointing the Nominating Committee, the Chairperson shall, to the extent possible, select persons from varying geographic locations who are familiar with the affairs of the Section and with the capability and availability of possible nominees.

(c) It shall be the duty of the Nominating Committee to consider Suggestions for nominations of qualified persons to serve as officers of the Section.

(d) All elections shall be by voice vote unless elections by written ballot are otherwise ordered by resolution duly adopted by the Section in the annual meeting at which the election is held.

6.5 TERM OF OFFICE. The term of office shall begin with the adjournment of the annual meeting following the election, and shall end following the annual meeting at which a successor has been duly elected. If at the close of any term of office a successor has not been elected, the term shah be extended until a successor shall have been elected.

ARTICLE VII: SUCCESSION OF OFFICERS AND VACANCIES

CHAIRPERSON-ELECT. The Chairperson Elect shall automatically assume the office of the Chairperson for a term of one year at the end of the annual meeting following election.

ARTICLE VIII: REPRESENTATION OF OBA POSITION

Any action by this Section must be approved by the OBA House of Delegates or Board of Governors before action can be effective as the action of the OBA. Any resolution adopted or action taken by the Section shall, on request of the Section, be reported by the Chairperson to the House of Delegates or the Board of Governors for action.

ARTICLE IX: AMENDMENTS

These By laws may be amended at any annual meeting of the Section by a majority vote of the members of the Section present and voting. They shall become effective upon approval by the Board of Governors.

ARTICLE X: TERMINATION OF SECTION

If membership in the Section drops below 75 members for one year, the Section will be given notice by the Executive Director of the OBA that the Section will be disbanded if membership in the Section is not increased to 75 members within the following year. Any unused Funds of the Section will revert to the OBA upon the termination of the Section after the two year period has elapsed.

ARTICLE XI: MISCELLANEOUS PROVISIONS

11.1 PROHIBITION OF SALARIES. No salary may be paid any officer or Section member.

11.2 GUIDE FOR COMMITTEES AND SECTIONS OF THE OBA. The Section will abide by the Guide for Committees and Sections of the OBA.

11.3 APPROVAL BY OBA BOARD OF GOVERNORS. These By Laws shall become effective when approved by the OBA Board of Governors.

These Bylaws were amended and restated by vote of the Section on November 21, 2002.
Amy J. Sine, Chair

These Bylaws, as amended and restated, were approved by the OBA Board of Governors effective as of the 21st day of February, 2003.
Melissa G. DeLacerda, President.