{"data":{"id":"us-ok/okla.-stat.-tit.-71-71-910","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 71, § 71-910","heading":"Nonprobate transfer - Liability of transferees","body":"A. In this section, “nonprobate transfer” means a transfer\n\ndescribed in subsection B of this section by an owner whose last\n\ndomicile was in this state.\n\nB. A transfer on death resulting from a registration in\n\nbeneficiary form is effective by reason of the contract regarding\n\nthe registration between the owner and the registering entity and\n\nthis act and is not testamentary.\n\nC. A transferee of a nonprobate transfer is subject to\n\nliability to any probate estate of the decedent for allowed claims\n\nagainst that estate and statutory allowances to the decedent’s\n\nspouse and children to the extent the estate is insufficient to\n\nsatisfy those claims and allowances. The liability of a nonprobate\n\ntransferee may not exceed the value of nonprobate transfers received\n\nby that transferee.\n\nD. Nonprobate transferees are liable for the insufficiency\n\ndescribed in subsection C in the following order of priority:\n\n1. A transferee designated in the decedent’s will or any other\n\ngoverning instrument, as provided in the instrument;\n\n2. The trustee of a trust serving as the principal nonprobate\n\ninstrument in the decedent’s estate plan as shown by its designation\n\nas devisee of the decedent’s residuary estate or by other facts or\n\ncircumstances, to the extent of the value of the nonprobate transfer\n\nreceived;\n\n3. Other nonprobate transferees, in proportion to the values\n\nreceived.\n\nE. A provision made in one instrument may direct the\n\napportionment of the liability among the nonprobate transferees\n\ntaking under that or any other governing instrument. If a provision\n\nin one instrument conflicts with a provision in another, the later\n\none prevails.\n\nF. Upon due notice to a nonprobate transferee, the liability\n\nimposed by this section is enforceable in proceedings in this state,\n\nwhether or not the transferee is located in this state.\n\nG. A proceeding under this section may not be commenced unless\n\nthe personal representative of the decedent’s estate has received a\n\nwritten demand for the proceeding from the surviving spouse or a\n\nchild, to the extent that statutory allowances are affected, or a\n\ncreditor. If the personal representative declines or fails to\n\ncommence a proceeding after demand, a person making demand may\n\ncommence the proceeding in the name of the decedent’s estate, at the\n\nexpense of the person making the demand and not of the estate. A\n\npersonal representative who declines in good faith to commence a\n\nrequested proceeding incurs no personal liability for declining.\n\nH. A proceeding under this section must be commenced within one\n\n(1) year after the decedent’s death, but a proceeding on behalf of a\n\ncreditor whose claim was allowed after proceedings challenging\n\ndisallowance of the claim may be commenced within sixty (60) days\n\nafter final allowance of the claim.\n\nI. Unless a written notice asserting that a decedent’s estate\n\nis insufficient to pay allowed claims and statutory allowances has\n\nbeen received from the decedent’s personal representative, a trustee\n\nreceiving a nonprobate transfer is released from liability under\n\nthis section with respect to any assets distributed to the trust’s\n\nbeneficiaries. Each beneficiary to the extent of the distribution\n\nreceived becomes liable for the amount of the trustee’s liability\n\nattributable to that assets received by the beneficiary.","path":["OK Code","Title 71"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8fa450cea4e436c242979afcb25c1ef4f20d2a4a8fa661251a975bb262c4f1b3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-71-71-909","next":"us-ok/okla.-stat.-tit.-71-71-911"},"notice":"GroundRules: Original legal text. Not legal advice."}