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ENGROSSED SENATE
BILL NO. 1593 By: Daniels of the Senate
and
O’Donnell of the House
An Act relating to probate procedure; amending 58
O.S. 2021, Sections 102 and 126, which relate to
incompetent executors and admin istrators; modifying
conditions for disqualification; making language
gender neutral; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 58 O.S. 2021, Section 102, is
amended to read as follows:
Section 102. No person is competent to serve as executor who at
the time the will is admitted to probate is :
1. Under the age of majority .;
2. Convicted of an infamous a crime. that causes the court to
determine that the person should not be entrusted with the fiduciary
duties of an executo r; or
3. Adjudged by the court incompetent to execu te the duties of
the trust by reason of drunkenness, improvi dence, or want of
understanding and integrity.
SECTION 2. AMENDATORY 58 O.S. 2021, Section 126, is
amended to read as follows:
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Section 126. No person is competent to serve as administrator
or administratrix, who, when appointed, is:
1. Under the age of majority .;
2. Convicted of an infamous a crime. that causes the court to
determine that the person should not be entrusted with t he fiduciary
duties of an administrator; or
3. Adjudged by the court incompetent to execute the duties of
the trust by reason of drunkenness, improvidence or want of
understanding or integrity.
SECTION 3. This act shall become effective November 1, 2024.
Passed the Senate the 19th day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives