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Oklahoma Last Will and Testament

Oklahoma Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

 Read

You should begin working on your Oklahoma last will and testament even if you're in good health or don't have a lot of assets to dispose of. The reason is that it's always better to prepare for such uncertainties as they could significantly affect your family's future. If they're financially secured, they won't have to worry about going to courts or a probate process. It would help them move on with their lives and follow your wishes for the estate. Make your online last will and testament now to begin your estate management.

If you're from Oklahoma, here's what you should follow.

Requirements for an Oklahoma Last Will and Testament 

  • Written will: A Oklahoma last will and testament must be on paper to be legal. It cannot be in other digital formats. Oklahoma allows Holographic wills.
  • Must be of at least 18 age. A person with a guardian or conservator can also make an Oklahoma last will and testament if they do so before a district court judge.
  • Sound mind and memory: A testator for an Oklahoma last will and testament must understand the will procedure, nature and extent of their estate, and the beneficiaries. For their last will to be valid, they must possess a sound mind and memory.
  • Signed by the testator: To make it valid and legal, you must sign your Oklahoma last will and testament before your two witnesses.
  • Signed by the witnesses: You must have a minimum of two witnesses for an Oklahoma last will and testament. They should acknowledge, witness, and sign the will before you. 

Oklahoma rules for an oral will

Oklahoma State allows oral wills if these conditions are fulfilled:

  1. The testator should be in active military service or at sea. They must be in fear of their imminent death on the same day.
  2. You must state and communicate your last will to two witnesses. 
  3. The testator's estate should be worth or less than $1,000.

Who can be your witnesses for an Oklahoma Last Will and Testament? 

Your witnesses for an Oklahoma last will must follow these conditions:

  • Oklahoma allows anyone competent to become a witness. 
  • They should be able to testify about what they witnessed and your will-making process.
  • It's better not to choose any beneficiary as witnesses as they could lose the estate portion or any gift you leave them.
Oklahoma Last Will and Testament

Oklahoma rules for a personal representative or an executor 

Choosing an executor for your Oklahoma last will and testament would be better than leaving it to uncertainty. However, an executor should follow these rules to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of doing the job, i.e., of a sound mind.
  3. Oklahoma does restrict people convicted of a felony from being executors.
  4. Oklahoma allows you to choose someone out of state as your executor if they appoint a state resident as their agent.

Last will and Testament Notarization in Oklahoma 

There's no need to notarize your Oklahoma last will and testament. However, you could add a self-proving affidavit or a declaration to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the two witnesses must go to the notary and sign the affidavit, declaring who you are, that they're aware of the process, and that they know you're signing a will.

Oklahoma Last Will Revocation 

You could undertake any of the following methods to revoke your Oklahoma last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Asking someone else to destroy your Oklahoma last will and testament 
  • Making a new legal will that revokes any part or the entire previous will.
  • Do new legal writing that states the revocation of your previous Oklahoma last will and testament. 

Oklahoma Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Oklahoma last will and testament, you can do it through a Codicil. It will allow you to make some changes to your existing will and avoid revoking it.

However, you must follow the same rules to make a legal codicil as for an original last will. If you want to make multiple amendments, it's better to make a new will that altogether revokes the previous one.

Oklahoma rules for divorce after making your last will

  • Oklahoma law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the rules won't apply if you remarry your ex or make a new Oklahoma last will and testament. 

What happens if you don't have a will in Oklahoma?

Case

What happens 

Has children, no spouse

Children inherit everything 

Has a spouse, no children, no parents, no siblings 

Spouse inherits everything 

Has a spouse and children 

(Children you share with that spouse)

Spouse inherits one-half of your estate


Children inherit the balance 

Has a spouse and children 

(Children you share with someone else)

Spouse inherits one-half of the property acquired through joint efforts during the marriage. They split the remaining estate with the children.


Children inherit the balance  

Has a spouse and parents 

Spouse inherits all of the property acquired through joint efforts during the marriage. They inherit one-third of the remaining estate.


Parents inherit the balance  

Has a spouse and siblings 

Spouse inherits all of the property acquired through joint efforts during the marriage. They inherit one-third of the remaining estate.


Siblings inherit the balance  

Has parents, no spouse, no descendants, no siblings 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament Oklahoma Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Oklahoma free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Oklahoma last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Oklahoma last will and testament. 

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Frequently Asked Questions

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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