THE OKLAHOMA BAR JOURNAL 18 | AUGUST 2026 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. to object rather than imposing a proactive affirmative duty on the trustee to report. The statute also tied a two-year limitations period to the trustee’s accounting for the period of any breach.14 There also existed certain common-law duties imposed on trustees to provide information, but no specific rules on form, required information or timing had ever been established in Oklahoma unless the trust agreement itself had specific timing or required form. These new notice requirements are also not waivable by the trust agreement, so while the trust agreement could impose additional notice requirements for a trustee, it cannot waive the notices required by the OUTC.15 Change: The OUTC imposes detailed, time-specific disclosure obligations that did not previously exist in Oklahoma. The OUTC’s disclosure requirements represent some of the most significant enhancements to trustee duties in Oklahoma. Under Oklahoma Statutes Title 60 §1608.12, the trustee must “keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests” and must “promptly respond to a beneficiary’s request for information related to the administration of the trust” unless unreasonable under the circumstances. A qualified beneficiary in Oklahoma includes a current or permissible income beneficiary, a person with a vested interest in the remainder, a charitable organization expressly entitled to receive benefits of a charitable trust or the attorney general “with respect to a charitable trust having its principal place of administration in this state.”16 Note that this definition of qualified beneficiaries was expressly changed from the Uniform Trust Code model code which would include a wider range of possible remaindermen as qualified beneficiaries.17 Trustees now have specific timeframes for their duty to inform beneficiaries as well as a specific set of information that is required. Upon Request Upon request by a qualified beneficiary, a trustee must “promptly” provide a copy of the trust instrument and the trustee’s report (described below).18 Within 60 Days Within 60 days of accepting a trusteeship, the trustee must furnish the qualified beneficiaries with that acceptance along with the trustee’s name, address and telephone number.19 Within 60 days of the trustee obtaining knowledge of the creation of an irrevocable trust, or when a previously revocable trust becomes irrevocable, the trustee must notify the qualified beneficiaries of the trust’s existence, the identity of the settlor or settlors, the beneficiary’s right to request a copy of the trust instrument, and the right to the trustee’s report.20 Upon Occurrence The trustee must notify qualified beneficiaries upon any change in the trustee’s compensation, including a change in either method or rate.21 While many of the underlying fiduciary principles will be familiar to experienced trustees, the specificity of the OUTC, especially with respect to reporting obligations, timelines, and creditor claims, creates new areas of potential risk.
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