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Q: Are oral wills valid in Oklahoma?

An oral will, known as a nuncupative will , is valid in rare circumstances in Oklahoma. A nuncupative will should only be used as a last resort and is only valid if you fear imminent death. Nuncupative wills must follow special rules to be considered legal and can distribute an estate worth $1,000 or less. The legal requirements for a nuncupative will in Oklahoma are: You must have been in active military service or on duty aboard a ship when you made the will. You must have been in fear of death from an imminent threat or expecting to die from an injury you sustained that day. There must be at least two witnesses to your oral will, and you must say that you are creating your will to at least one of the witnesses. An oral will may lead to unnecessary legal uncertainties and conflict for your family members after you die. To prevent these delays and additional legal fees, you should sign a printed will in front of two witnesses. With FindLaw, you can create an Oklahoma will in about an hour from the comfort of home.

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If you die without a valid Oklahoma will, your property will be distributed according to default state laws (“intestacy laws“). Under these laws, your property is distributed to your spouse, children, and immediate family members, then to more distant relatives. But these laws might not reflect your family’s needs. A will enables you to make your own choices about the distribution of your assets rather than relying on the state’s laws.

With FindLaw, you can easily create a will. Click on the links below to jump down the page:

Learn about your options for a DIY will
Use the guided process to create a personalized will
Find out what you need to do to make your will valid
Find answers to common questions about wills

Last updated: January 25, 2022

Written by:

Kimberly Lekman, Esq.

Contributing Author

Reviewed by:

John Devendorf, Esq.

Contributing Author

Last updated: January 25, 2022

Written by:

Kimberly Lekman, Esq.

Contributing Author

Reviewed by:

John Devendorf, Esq.

Contributing Author

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Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

What’s next to make my Oklahoma will valid?

Validate your Oklahoma will by following these steps:

Choose an executor

Your executor, sometimes called a personal representative, is the person responsible for administering your estate in accordance with your will. They will pay off your debts with estate assets and distribute your property after your death. This happens as part of a court-supervised process called probate. You should choose an executor you trust, who is willing to follow through with these duties.

List your beneficiaries

Your beneficiaries are the people or entities you would like to receive your property after you die. You should give the full names and addresses of your beneficiaries to help your executor locate them when the time comes. You might choose to leave charitable donations in your will, or you might name trusts as beneficiaries. Your choices will depend on your preferences and family dynamics. If you have special needs loved ones or minor children, it can be a good idea to leave assets to a trust. This way, a trustee of your choice can manage your loved ones’ finances for them. You can even leave money to a pet trust to provide for a beloved pet’s care after your death.

List your assets

You should provide a comprehensive list of your assets with your will. Make sure to include both real property and personal property. Real property refers to real estate like houses, land, and investment properties. Personal property covers everything else you own, like cars, bank accounts, furniture, and personal possessions. If you want specific items to go to specific people, you should include these details in your will.

List your debts

When your estate goes into probate, your creditors can make claims for payments against your estate. To help your executor manage any such claims, you should provide a list of your debts. Be sure to include any mortgages, personal loans, tax obligations, or credit card debts.

List your non-probate assets

Although you can distribute most of your assets through your will, there are a few exceptions. If you have a life insurance policy, annuities, trusts, or retirement accounts with named beneficiaries, they will pass directly to the beneficiaries you named. If you own any properties in joint tenancy, those properties will pass directly to the joint owners. You cannot change these designations through your will. A list of non-probate assets will help your executor distribute and catalog your estate.

Choose caretakers for your minor children

You can use your will to name guardians for your children. This is an important precaution to take just in case anything should happen to you while your children are still minors. You should choose guardians who are responsible and willing to perform this task. It’s a good idea to choose people who already have a good relationship with your children.

Sign your will and keep it in a safe place

You should sign your name at the end of your will, or direct someone to sign it for you. There should be two witnesses present when you sign, or you should acknowledge your will’s signature to the witnesses later. The witnesses must also sign their names at the end of your will. It’s important that your witnesses do not stand to gain anything from your will (disinterested witnesses).

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

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Frequently asked questions about Oklahoma last will and testaments

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What are the legal requirements for an Oklahoma last will and testament?

For a will to be valid in Oklahoma, it must fulfill certain requirements:

Writing: Your will should be in writing.
Signature: You should sign at the end of the will or direct someone to sign for you.
Witnesses: There should be two witnesses present when you sign your will, or you must acknowledge that it is your signature in front of them. The witnesses should then sign at the end of your will while in your presence. You should choose witnesses who do not gain anything from your will (disinterested witnesses). If you ask a beneficiary to witness a will, they can lose their inheritance under Oklahoma law.
Testamentary Capacity: You must be 18 years old or older and of sound mind when you sign your will.

How are wills, living wills, and powers of attorney different?

A will refers to your last will and testament. It is the main estate planning document. You (the “testator”) can use it to decide how your assets will be distributed after your death. Your will does not cover medical care preferences or end-of-life issues. It only takes effect after your death.

A living will, sometimes called an advance directive, is a legal document you can use to specify your wishes about healthcare issues in advance. It is only active during your lifetime. You can make decisions about the type of medical treatments you would choose, and whether you would prefer to withdraw life-extending treatments if you were terminally ill. If you were ever to become unable to make those choices yourself. You cannot use a living will to distribute property.

Are handwritten wills valid in Oklahoma?

An unwitnessed, fully handwritten will is known as a holographic will. Holographic wills are valid legal documents in about half of states, including Oklahoma. Because a holographic will is not witnessed, it must conform to other strict requirements. In Oklahoma, a holographic will must be written, signed, and dated, all entirely in the testator’s handwriting.

A handwritten will can lead to legal challenges and delays due to the difficulty with interpreting and verifying handwriting. You should avoid using a handwritten will unless you have no other option. You can create a customized Oklahoma last will and testament without leaving your home through FindLaw instead.

Are oral wills valid in Oklahoma?

An oral will, known as a nuncupative will, is valid in rare circumstances in Oklahoma. A nuncupative will should only be used as a last resort and is only valid if you fear imminent death. Nuncupative wills must follow special rules to be considered legal and can distribute an estate worth $1,000 or less. The legal requirements for a nuncupative will in Oklahoma are:

You must have been in active military service or on duty aboard a ship when you made the will.
You must have been in fear of death from an imminent threat or expecting to die from an injury you sustained that day.
There must be at least two witnesses to your oral will, and you must say that you are creating your will to at least one of the witnesses.

An oral will may lead to unnecessary legal uncertainties and conflict for your family members after you die. To prevent these delays and additional legal fees, you should sign a printed will in front of two witnesses. With FindLaw, you can create an Oklahoma will in about an hour from the comfort of home.

Does an Oklahoma will need to be notarized?

No, an Oklahoma will does not have to be notarized to be legally valid. But it is a good idea to notarize your will and make it self-proving. To make your will self-proving, you and your witnesses need to swear to an affidavit in front of a notary public.

Is a will still valid after a divorce in Oklahoma?

Yes, your will is still generally valid after a divorce. But if you divorce your spouse after making your will, any gift you left them in your will is revoked by Oklahoma law. Annulment has the same effect as divorce on an Oklahoma will. If you have gotten divorced after creating your will, it’s a good idea to create a new will to update your distributions and beneficiaries. With FindLaw, you can make unlimited updates to your will for a year after purchase.

How can I change or revoke my Oklahoma will?

You can change or revoke your Oklahoma will at any time during your lifetime. To make minor changes to a will, you can create an amendment, known as a codicil. But if you have gone through major life events or would like to do an overhaul of your will, you should create a new one. Significant life situations that may make you rethink your will include:

Marriage or divorce
Death of a loved one
Sale of a business
Birth or adoption of a child or grandchild

Whenever you go through a life change, it may impact the way you would like to distribute your assets. Further, you may need to add or remove beneficiaries as time passes. When you create your will through FindLaw, you can make unlimited modifications to your will for a full year after purchase.

To completely revoke your will, you can do so in three ways:

Create a new will that expressly states that it revokes all prior wills
Create a new writing to state that you are revoking your will
Burn, tear up, cancel, or otherwise physically destroy your will with the intention to revoke

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.

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