Oklahoma Last Will and Testament

Introduction

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).

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.