{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-1219","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-1219","heading":"Successor or substitute custodian","body":"A. A person nominated in accordance with the provisions of\n\nSection 4 of this act or designated pursuant to the provisions of\n\nSection 10 of this act as custodian may decline to serve by\n\ndelivering a valid disclaimer pursuant to the provisions of Sections\n\n751 through 759 of Title 60 of the Oklahoma Statutes to the person\n\nwho made the nomination or to the transferor or the transferor's\n\nlegal representative. If the event giving rise to a transfer has\n\nnot occurred and no substitute custodian able, willing, and eligible\n\nto serve was nominated in accordance with the provisions of Section\n\n4 of this act, the person who made the nomination may nominate a\n\nsubstitute custodian in accordance with the provisions of Section 4\n\nof this act; otherwise, the transferor or the transferor's legal\n\nrepresentative shall designate a substitute custodian at the time of\n\nthe transfer, in either case from among the persons eligible to\n\nserve as custodian for that kind of property in accordance with the\n\nprovisions of subsection A of Section 10 of this act. The custodian\n\nso designated has the rights of a successor custodian.\n\nB. A custodian at any time may designate a trust company or an\n\nadult other than a transferor according to the provisions of Section\n\n5 of this act as successor custodian by executing and dating an\n\ninstrument of designation before a subscribing witness other than\n\nthe successor. If the instrument of designation does not contain or\n\nis not accompanied by the resignation of the custodian, the\n\ndesignation of the successor does not take effect until the\n\ncustodian resigns, dies, becomes incapacitated, or is removed.\n\nC. A custodian may resign at any time by delivering written\n\nnotice to the minor if the minor has attained the age of fourteen\n\n(14) years and to the successor custodian and by delivering the\n\ncustodial property to the successor custodian.\n\nD. If a custodian is ineligible, dies, or becomes incapacitated\n\nwithout having effectively designated a successor custodian and the\n\nminor has attained the age of fourteen (14) years, the minor may\n\ndesignate as successor custodian, in the manner prescribed in\n\nsubsection B of this section, an adult member of the minor's family,\n\na guardian of the minor, or a trust company. If the minor has not\n\nattained the age of fourteen (14) years or fails to act within sixty\n\n(60) days after the ineligibility, death, or incapacity, the\n\nguardian of the minor becomes successor custodian. If the minor has\n\nno guardian or the guardian declines to act, the transferor, the\n\nlegal representative of the transferor or of the custodian, an adult\n\nmember of the minor's family, or any other interested person may\n\npetition the court to designate a successor custodian.\n\nE. A custodian who declines to serve in accordance with the\n\nprovisions of subsection A of this section or resigns pursuant to\n\nthe provisions of subsection C of this section, or the legal\n\nrepresentative of a deceased or incapacitated custodian, as soon as\n\npracticable, shall put the custodial property and records in the\n\npossession and control of the successor custodian. The successor\n\ncustodian, by action, may enforce the obligation to deliver\n\ncustodial property and records and becomes responsible for each item\n\nas received.\n\nF. A transferor, the legal representative of a transferor, an\n\nadult member of the minor's family, a guardian of the person of the\n\nminor, the conservator of the minor, or the minor if the minor has\n\nattained the age of fourteen (14) years may petition the court to\n\nremove the custodian for cause and to designate a successor\n\ncustodian other than a transferor pursuant to the provisions of\n\nSection 5 of this act or to require the custodian to give\n\nappropriate bond.","path":["OK Code","Title 58"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d4be91de2a1107ae1a6d1679eebf21833e5c5e7672d44591b7d956b86428731c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-1218","next":"us-ok/okla.-stat.-tit.-58-58-122"},"notice":"GroundRules: Original legal text. Not legal advice."}