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Oklahoma Last Will and Testament

Oklahoma requires 2 witnesses to sign a will and recognizes handwritten (holographic) wills. Make a free Oklahoma will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor or personal representative, who will carry out those instructions and administer your estate. It can also name a guardian for minor children. In Oklahoma a written will must be signed by the testator (the person making the will) and attested by two witnesses, who sign at the end of the will at the testator's request and in the testator's presence, after the testator declares to them that the document is his or her will (Okla. Stat. tit. 84, Section 55). A notary is not required to make the will itself valid; witnesses do that job. A notary is used only for the optional self-proving affidavit, a sworn statement attached to the will that lets a court admit it to probate without tracking down the witnesses later (Okla. Stat. tit. 84, Section 55(5)). Oklahoma also recognizes a holographic will, one entirely written, dated, and signed in the testator's own hand, which needs no witnesses at all (Okla. Stat. tit. 84, Section 54). Any person over 18 who is of sound mind may make a will (Okla. Stat. tit. 84, Section 41). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    Oklahoma requires two attesting witnesses. Each witness signs at the end of the will at the testator's request and in the testator's presence (Okla. Stat. tit. 84, Section 55(4)). A gift to a subscribing witness is void unless two other competent subscribing witnesses also signed, though the witness can still recover up to an intestate share under the Section 144 back-stop, so it is safest for witnesses not to be beneficiaries.

  3. 3

    A self-proving affidavit is optional but recognized. It is a sworn statement by the testator and witnesses, acknowledged before a notary or other officer authorized to administer oaths, attached to the will so probate does not require locating the witnesses (Okla. Stat. tit. 84, Section 55(5)). Oklahoma also allows a no-notary version signed under penalty of perjury as an alternative.

  4. 4

    A handwritten (holographic) will is valid in Oklahoma. It must be entirely written, dated, and signed in the testator's own handwriting and needs no witnesses (Okla. Stat. tit. 84, Section 54).

  5. 5

    The will itself does not need a notary. Two attesting witnesses, not a notary, make an Oklahoma will valid. A notary is involved only if you choose to add the optional self-proving affidavit.

  6. 6

    You must be at least 18 and of sound mind. Oklahoma law lets any person over 18 years of age who is of sound mind dispose of their estate by will (Okla. Stat. tit. 84, Section 41).

  7. 7

    You can revoke a will in writing or by physical act. A later writing that declares the revocation, executed with the same formalities as a will, revokes a prior will, as does burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it (Okla. Stat. tit. 84, Section 101). Divorce automatically revokes provisions favoring the former spouse (Section 114).

Key decisions before you file

Before you file a Last Will and Testament in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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OKLAHOMA LAST WILL AND TESTAMENT

I, [TESTATOR FULL NAME], a resident of [COUNTY] County, Oklahoma, being at least 18 years of age and of sound mind, declare this to be my Last Will and Testament (my will) and revoke all prior wills and codicils I have made.

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I declare that I am not acting under duress, menace, fraud, or undue influence, and that this instrument revokes all wills and codicils previously made by me (Okla. Stat. tit. 84, Section 101).

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY, STATE] as the Executor (Personal Representative) of this will, to serve without bond if permitted by the court. If that person cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Executor. The Executor is responsible for gathering my assets, paying valid debts and taxes, and distributing what remains according to this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or sum of money and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, real and personal, wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME(S)], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will on [DATE] in the presence of the two witnesses named below, and I declare to them that this instrument is my Last Will and Testament. Each witness signs below at my request and in my presence, as Oklahoma law requires (Okla. Stat. tit. 84, Section 55).

[TESTATOR FULL NAME], Testator

Witness signatures (two required): _____________________________ Residence: [ADDRESS] Witness 1 Signature / Printed Name

_____________________________ Residence: [ADDRESS] Witness 2 Signature / Printed Name

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) State of Oklahoma, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, declare to the undersigned officer that the testator signed the will as his or her free and voluntary act for the purposes expressed in it, that each witness signed at the testator's request and in the testator's presence, and that to the best of each witness's knowledge the testator was 18 years of age or older, of sound mind, and under no constraint or undue influence (Okla. Stat. tit. 84, Section 55(5)).

[TESTATOR SIGNATURE] [WITNESS 1 SIGNATURE]

[WITNESS 2 SIGNATURE]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME] on [DATE].

Notary Public / Officer Authorized to Administer Oaths My commission expires: [DATE]

Note: This will is governed by Oklahoma Statutes, Title 84. A subscribing witness who is also a beneficiary risks having his or her gift voided unless two other competent subscribing witnesses also signed (Okla. Stat. tit. 84, Section 143), so avoid naming a witness as a beneficiary. Keep the signed original in a safe place and tell your Executor where to find it, since Oklahoma probate requires the original will. This is an Oklahoma skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Oklahoma in about a minute, and notarize it online through DocDraft if it does.

Oklahoma Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

An Oklahoma will requires two attesting witnesses, each of whom must sign his or her name at the end of the will at the testator's request and in the testator's presence (Okla. Stat. tit. 84, Section 55(4)).

Do Not Name a Beneficiary as a Witness

A gift left to a subscribing witness is void unless two other competent subscribing witnesses also signed the will, though the witness may still recover up to an intestate share (Okla. Stat. tit. 84, Sections 143-144). Choose witnesses who are not beneficiaries.

A Notary Is Not Required for the Will Itself

Two attesting witnesses, not a notary, make an Oklahoma will valid (Okla. Stat. tit. 84, Section 55). A notary is used only for the optional self-proving affidavit described below.

Consider a Self-Proving Affidavit

You may attach a self-proving affidavit, a sworn statement by the testator and witnesses acknowledged before a notary or other officer authorized to administer oaths, so probate does not require locating the witnesses (Okla. Stat. tit. 84, Section 55(5)). Oklahoma also permits a no-notary alternative signed under penalty of perjury.

Holographic Wills Are Recognized

A will entirely written, dated, and signed in the testator's own handwriting is valid in Oklahoma and needs no witnesses (Okla. Stat. tit. 84, Section 54).

Meet the Minimum Age and Capacity Standard

The testator must be at least 18 years of age and of sound mind to make a valid Oklahoma will (Okla. Stat. tit. 84, Section 41(A)).

Follow the Correct Revocation Method

Revoke a prior Oklahoma will only with a later writing declaring the revocation and executed with the same formalities as a will, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, by the testator or by another person in the testator's presence and at the testator's direction (Okla. Stat. tit. 84, Section 101).

Name an Executor (Personal Representative)

Name an Executor (Personal Representative) to carry out the will's instructions and, where useful, a successor in case the first choice cannot or will not serve. Oklahoma probate treats this appointed person as the personal representative of the estate.

Does your Last Will and Testament need to be notarized in Oklahoma?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Oklahoma requires two attesting witnesses. Each witness must sign their name at the end of the will at the testator's request and in the testator's presence, after the testator declares the document is his or her will (Okla. Stat. tit. 84, Section 55). A gift left to a subscribing witness is void unless two other competent subscribing witnesses also signed, so beneficiaries generally should not serve as witnesses.

No. An Oklahoma will is made valid by two attesting witnesses signing in the testator's presence, not by a notary (Okla. Stat. tit. 84, Section 55). A notary comes into play only if you add the optional self-proving affidavit, a separate sworn statement acknowledged before a notary that speeds up probate.

Yes. Oklahoma recognizes a holographic will if it is entirely written, dated, and signed in the testator's own handwriting. It is not subject to any other form and does not need to be witnessed (Okla. Stat. tit. 84, Section 54).

Put your wishes in writing, sign the document, and have two witnesses sign at the end of the will at your request and in your presence, after you tell them it is your will (Okla. Stat. tit. 84, Section 55). You must be at least 18 and of sound mind (Section 41). You can also add an optional notarized self-proving affidavit.

A written, attested will is valid when the testator is 18 or older and of sound mind, signs the document, and two competent witnesses sign at the end of the will at the testator's request and in the testator's presence (Okla. Stat. tit. 84, Sections 41, 55). A holographic will, entirely in the testator's handwriting and signed and dated, is also valid without witnesses (Section 54).

A self-proving affidavit is a sworn statement by the testator and the attesting witnesses, acknowledged before a notary or another officer authorized to administer oaths, attached to the will (Okla. Stat. tit. 84, Section 55(5)). It lets the court admit the will to probate without needing testimony from the witnesses, unless the will is contested.

You must be at least 18 years old and of sound mind to make a valid will in Oklahoma (Okla. Stat. tit. 84, Section 41).

You can revoke an Oklahoma will with a later writing that declares the revocation, executed with the same formalities as a will, or by burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, done by the testator or by someone else in the testator's presence and at the testator's direction (Okla. Stat. tit. 84, Section 101). Divorce also automatically revokes any provisions favoring the former spouse (Section 114).