Oklahoma Last Will and Testament

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

In Oklahoma, a petition must be filed with the District Court to determine whether the decedent died with a valid will in place. From there, the appointed personal representative can proceed to wrap up the estate by taking inventory, paying debts, and distributing assets.

Oklahoma also offers a simplified probate process for estates valued at less than $200,000 as well as an affidavit process available in some instances.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Oklahoma, in the absence of a will, a surviving spouse inherits the entire estate unless the couple shares descendants, in which case the spouse and descendants each inherit half. A decedent’s parents are also entitled to a part of the estate if there is a surviving spouse but no shared children or other descendants.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions include the following:

• Property owned in joint tenancy with right of survivorship
• Life insurance policy proceeds
• Elective share of surviving spouse if excluded from the will
• Homestead exception for surviving spouse

Form a last will in Oklahoma

The basic requirements for an Oklahoma last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: An Oklahoma will must be signed by at least two individuals who should also write their place of residence next to their signatures.
• Writing: An Oklahoma will must be in writing, except for nuncupative wills, which must meet strict requirements under Oklahoma law.
• Beneficiaries: A testator can leave property to anyone.

Other recognized wills in Oklahoma

Oklahoma recognizes two other types of wills under specific circumstances: nuncupative (oral) wills and holographic (handwritten) wills.