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Creating a Will in Oklahoma: What You Need to Know

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If you are creating a will in Oklahoma, it’s essential to understand the state’s specific requirements to ensure your will is valid and enforceable.

A properly prepared will allows you to dictate how your assets are distributed, appoint guardians for minor children, and designate an executor to manage your estate.

Who Can Make a Will in Oklahoma?

In Oklahoma, any individual aged 18 or older who is of sound mind can create a will. Being of sound mind means you understand the nature of your assets, the identity of your beneficiaries, and the legal effect of signing a will.

Types of Wills Recognized in Oklahoma

Oklahoma law acknowledges several types of wills:

  • Attested Wills: These are typed or printed wills signed by the testator in the presence of two witnesses, who also sign the document.
  • Holographic Wills: A holographic will is entirely handwritten, dated, and signed by the testator. No witnesses are required for this type of will to be valid in Oklahoma.
  • Nuncupative Wills: These are oral wills made under specific circumstances, such as by a person in imminent peril of death. They are limited in scope and subject to strict requirements.

Essential Elements of a Valid Will

To ensure your will is legally binding in Oklahoma, consider the following:

  • Writing: The will must be in writing.
  • Signature: You must sign the will. If you’re unable to sign, another person can sign on your behalf in your presence and at your direction.
  • Witnesses: For attested wills, two competent witnesses must sign the will in your presence. It’s advisable that these witnesses are disinterested parties, meaning they are not beneficiaries of the will.

Making Your Will Self-Proving

While not required, you can make your will self-proving by including a notarized affidavit signed by you and your witnesses. A self-proving will can expedite the probate process, as the court can accept the will without contacting the witnesses.

Storing Your Will Safely

After executing your will, store it in a secure location, such as a fireproof safe or a safe deposit box. Inform your executor or a trusted individual about the location of your will to ensure it can be accessed when needed.

Updating or Revoking Your Will

Life changes, such as marriage, divorce, the birth of a child, or significant changes in assets, may necessitate updating your will. You can amend your will through a codicil, which must be executed with the same formalities as the original will.

Alternatively, you can revoke your existing will by creating a new one or by physically destroying the old will with the intent to revoke it.

Why Consult an Estate Planning Attorney?

While it’s possible to draft a will on your own, consulting with a licensed estate planning lawyer can provide peace of mind. An attorney can help ensure your will complies with Oklahoma law, addresses all necessary provisions, and aligns with your overall estate planning goals.

Creating a valid will or trust is a crucial step in protecting your assets and providing for your loved ones. By understanding Oklahoma’s requirements and seeking professional guidance, you can establish a comprehensive estate plan tailored to your needs.

Let’s Get Started!

Our doors are open if you are ready to work with an Oklahoma City estate planning lawyer to put a plan in place. You can call us at 405-843-6100 to schedule a consultation, and you can use our contact form to send us a message.

We also have an office in Tulsa, and if that one is more convenient, the number there is 918-615-2700.

 

 

Larry Parman, Estate Planning Attorney, Author, Speaker
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