Wills in Oklahoma
Planning ahead means deciding who should receive your property, who will settle your affairs, and how to shield loved ones from drawn-out court delays. This page zeroes in on Oklahoma wills—what they do, when they matter most, and the simple steps state law requires to make them valid. By the end, you’ll see exactly how a well-drafted will can spare your family headaches and where to get plain-language forms or hands-on guidance.
What is a Will
A written plan for who gets your property after death
Why It Matters
Ensures your wishes—not state intestacy rules—decide who inherits.
Lets you name a personal representative (executor) to wrap up your estate.
Speeds up probate and lowers court costs for family.
Types of Wills Recognized in Oklahoma
Formal (Attested) Will
Typed, signed by testator + two witnesses and notarized.
Holographic Will
Entirely in testator’s handwriting, dated, signed, no witnesses.
Nuncupative (Oral) Will
Limited to personal property ≤ $1,000, made during last illness in front of two witnesses (rare today).
When a Will Becomes Crucial
Major life changes (marriage, divorce, children, property purchase).
Owning real estate or significant personal property.
Wanting to leave gifts to non-relatives or charities.
Steps to Create a Valid Will in Oklahoma
List assets & choose beneficiaries.
Select a personal representative.
Decide on guardian(s) for minor children (if any).
Draft the will (plain-language template or attorney-prepared).
Execution:
Formal: sign in front of two competent adult witnesses.
Holographic: write entirely by hand, date, and sign.
Optional: self-proving affidavit (84 O.S. § 55.1) to simplify probate.
Store safely & tell someone where it is.
Headaches Prevented When Someone Dies With a Will (“Testate”)
Heirs avoid disputes over “who gets what.”
Court follows your named guardian for kids instead of deciding on its own.
Faster probate; fewer delays gathering asset information.
Reduces cost of surety bonds for the personal representative.
Problems When Someone Dies Without a Will (“Intestate”)
Oklahoma’s default inheritance rules (called “intestacy laws”) may leave out unmarried partners, stepchildren, or charities.
Potential fights among relatives over sentimental items.
Court decides minor-child guardianship.
Longer, costlier probate because judge must appoint an administrator and verify heirs.
