Creating a legally valid will in Oklahoma is one of the most important steps you can take to ensure your assets, including real estate, personal property, and finances, are distributed according to your wishes. In this guide, we’ll walk you through everything you need to know to get started.
1. Choose the Right Type of Will
Oklahoma allows several types of wills, each with different requirements:
- Formal (typed) will: Must be signed by you and two disinterested witnesses who also provide their addresses.
- Self-proving will: A formal will that includes notarized witness affidavits, which makes probate faster and easier.
- Holographic (handwritten) will: Must be entirely in your handwriting and include the date and your signature. No witnesses are required.
- Nuncupative (oral) will: Only valid under limited conditions, such as during imminent death, and must be witnessed and documented shortly after being spoken.
While a handwritten will can work in urgent situations, we typically recommend a formal or self-proving will to reduce the chance of complications during probate.
2. Understand the Legal Requirements in Oklahoma
To create a valid will in Oklahoma, you must:
- Be at least 18 years old and of sound mind.
- Clearly state that the document is your Last Will and Testament and revoke all prior wills.
- Identify your beneficiaries and what they will receive.
- Sign and date the will.
- If the will is typed, have two witnesses sign it in your presence and include their addresses.
3. Select an Executor
Your executor, also called a personal representative in Oklahoma, is responsible for carrying out the terms of your will. This should be someone trustworthy and capable. You can include language in the will that gives your executor the power to sell property without court approval and waives the requirement for a bond, which can simplify the probate process.
Make sure the executor knows where the original will is stored and how to access it if needed.
4. Be Clear About Who Is and Isn’t Included
Oklahoma law protects surviving spouses, so you cannot completely disinherit your spouse. If you do not include them in your will, they are entitled to a portion of your estate under state law.
If you wish to disinherit a child, you must do so clearly and intentionally in your will. For example, state something like “I intentionally leave nothing to my daughter, Jane Doe.”
5. Avoid Common Mistakes
Here are some common pitfalls to avoid when writing your will:
- Mixing typed and handwritten sections in a holographic will makes it invalid.
- Forgetting to name alternate beneficiaries can create problems if your primary beneficiary dies before you.
- Leaving out a power-of-sale clause means your executor might need court permission to sell estate property, which adds time and expense.
6. Store and Update Your Will Properly
Once signed and witnessed, store your original will in a secure location that your executor can access. You may also choose to file it with your county probate court.
Review your will every few years or whenever you experience a major life change, such as marriage, divorce, the birth of a child, or moving to a new state. If you need to update your will, you can either create a codicil (an amendment) or write a new will that revokes the old one.
7. Understand the Probate Process in Oklahoma
After your death, your executor will file your will with the district court to begin probate. The court oversees the process of distributing assets, paying debts, and resolving any disputes.
If your estate is valued under $200,000, it may qualify for simplified probate procedures. Having a self-proving will helps speed up the process by eliminating the need to track down and verify witnesses.
Why Work with Barrett Legacy Estate Solutions?
At Barrett Legacy Estate Solutions, we have Oklahoma estate attorneys who specialize in helping local families create clear and legally sound wills. Our services include:
- Drafting and reviewing formal and self-proving wills
- Guidance on executor appointments and power-of-sale provisions
- Customized estate plans that may include trusts, powers of attorney, and advance directives
- Local legal expertise that ensures compliance with Oklahoma law
Final Thoughts
Creating a will does not have to be complicated, especially when you have the right team on your side. Below is a quick summary of the steps:
- Confirm you meet Oklahoma’s legal requirements
- Decide which type of will works best for you
- Name your beneficiaries and an executor
- Sign the will and have it witnessed if required
- Store the will securely and keep it updated
- Understand the probate process and simplify it with a self-proving will
If you are ready to create your Oklahoma will or update an existing one, contact Barrett Legacy Estate Solutions today. We are here to make the process smooth and stress-free!