How to Make a Valid Will in Oklahoma

Who Can Make a Will in Oklahoma?

You must be at least 18 years old to make a will in Oklahoma. No statutory exceptions for minors. The testator must be of sound mind and over 18 years of age (84 Okla. Stat. § 41)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may subscribe the testator's name in the testator's presence and by the testator's direction.

Witness Requirements in Oklahoma

Oklahoma requires 2 witnesses. Must be competent witnesses. The will must be subscribed in the presence of the testator by two or more competent witnesses who saw the testator subscribe or heard the testator acknowledge the will (84 Okla. Stat. § 55).

Interested witnesses: A bequest to a subscribing witness is void unless there are two other disinterested subscribing witnesses

Notarization in Oklahoma

Notarization is not required for a will to be valid in Oklahoma. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Oklahoma allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (58 Okla. Stat. § 71)

Handwritten (Holographic) Wills

Oklahoma does recognize holographic wills. Valid if entirely in the testator's own handwriting and signed by the testator. No witnesses required (84 Okla. Stat. § 54)

Electronic Wills

Oklahoma does not currently recognize electronic wills. Oklahoma does not currently have an electronic wills statute

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made in the testator's last sickness or in imminent peril of death. Must be proved by two witnesses. For personal property only up to $1,000 (84 Okla. Stat. § 46)

How to Revoke a Will in Oklahoma

In Oklahoma, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

84 Okla. Stat. § 101

Special Provisions in Oklahoma

Oklahoma is a separate property/common law state. Surviving spouse has an elective share: forced share of one-half of property acquired during the marriage by joint industry (84 Okla. Stat. § 44). Oklahoma has no state estate or inheritance tax

Relevant Oklahoma Statutes

• 84 Okla. Stat. § 41 (Who may make a will)
• 84 Okla. Stat. § 54 (Holographic wills)
• 84 Okla. Stat. § 55 (Execution of attested wills)
• 84 Okla. Stat. § 46 (Nuncupative wills)
• 84 Okla. Stat. § 101 (Revocation)
• 58 Okla. Stat. § 71 (Self-proved wills)
• 84 Okla. Stat. § 44 (Elective share)