Oklahoma's Requirements for a Will
Oklahoma's Requirements for a Will
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Oklahoma's Requirements for a Will

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Summary of Oklahoma's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) Yes1
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Oklahoma's Will Requirements:

 

Persons who may make a will - Persons subject to guardianship or conservatorship

A.  Every person over the age of eighteen (18) years of sound mind may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in this title, being chargeable in both cases with the payment of all the decedent's debts, as provided in Title 12 of the Oklahoma Statutes.

B.  The appointment of a guardian or a conservator does not prohibit a person from disposing of his estate, real and personal, by will; provided, that when any person subject to a guardianship or conservatorship shall dispose of such estate by will, such will must be subscribed and acknowledged in the presence of a judge of the district court.  The judge before whom the will is subscribed and acknowledged shall attest to the execution of the will but shall have neither the duty nor the authority to approve or disapprove the contents of the will.  Subscribing and acknowledging such will before a judge shall not render such will valid if it would otherwise be invalid.

Oklahoma Statutes, §84‑41.

 

Right of married woman

A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single.  Her will must be executed and proved in like manner as other wills.

Oklahoma Statutes, §84‑42.

 

Duress, menace, fraud, or undue influence ‑ Revocation

A will or part of a will procured to be made by duress, menace, fraud or undue influence, may be denied probate; and a revocation procured by the same means, may be declared void.

Oklahoma Statutes, §84‑43.

 

Persons who may take under will ‑ Exception as to corporation

A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except that no corporation can take under a will, unless expressly authorized by its charter or by statute so to take.

Oklahoma Statutes, §84‑45.

 

Nuncupative wills ‑ Requisites1

To make a nuncupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed:

1.  The estate bequeathed must not exceed in value the sum of One Thousand Dollars ($1,000.00).

2.  It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect.

3.  The decedent must at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear or peril of death, or the decedent must have been at the time in expectation of immediate death from an injury received the same day.

Oklahoma Statutes, §84‑46.

 

Nuncupative will need not be in writing

A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities.

Oklahoma Statutes, §84‑51.

 

Holographic wills - Requisites

A holographic will is one that is entirely written, dated and signed by the hand of the testator himself.  It is subject to no other form, and may be made in or out of this State, and need not be witnessed.

Oklahoma Statutes, §84‑54.

 

Formal requisites in execution - Self-proved wills

Every will, other than a nuncupative will, must be in writing; and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows:

1.  It must be subscribed at the end thereof by the testator himself, or some person, in his presence and by his direction, must subscribe his name thereto.

2.  The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority.

3.  The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will.

4.  There must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will at the testator's request and in his presence.

5.  Every will, other than a holographic and a nuncupative will, and every codicil to such will or to a holographic will may, at the time of execution or at any subsequent date during the lifetimes of the testator and the witnesses, be made self‑proved, and the testimony of the witnesses in the probate thereof may be made unnecessary by:

a.  the acknowledgment thereof by the testator and the affidavits of the attesting witnesses, each made before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state, such acknowledgments and affidavits being evidenced by the certificate, with official seal affixed, of such officer attached or annexed to such testamentary instrument in form and contents substantially as follows:


THE STATE OF OKLAHOMA
COUNTY OF ___________

Before me, the undersigned authority, on this day personally appeared __________, __________, and __________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, said _________, testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament or a codicil to his last will and testament, and that he had willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind.


___________________
Testator          

                                     
___________________
Witness  (signature)
____________________________
Name and Residence (printed)

 

___________________
Witness  (signature)
____________________________
Name and Residence (printed)


Subscribed and acknowledged before me by the said __________, testator, and subscribed and sworn before me by the said __________, and __________ witnesses, this _____ day of ________, A.D., _______.


(SEAL)(SIGNED)____________________
____________________
(OFFICIAL CAPACITY OF OFFICER); or

 

b.  the written declaration of the testator and the written declarations of the attesting witnesses made in substantially the following form:

We the undersigned are the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and we do hereby declare that said __________, testator, declared to said witnesses that said instrument is his last will and testament or a codicil to his last will and testament, and that he willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and said witnesses further declare that the said testator declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of us to sign it as a witness; and that we did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind, all of which we declare and sign under penalty of perjury this ________ day of ________.


Testator
                                                
___________________
Witness  (signature)


____________________________
Name and Residence (printed)

 

___________________
Witness  (signature)
____________________________
Name and Residence (printed)


6.  Any person falsely executing a written declaration as a witness or misrepresenting his or her identity with the intent to defraud another person pursuant to subparagraph b of paragraph 5 of this subsection shall, upon conviction, be deemed guilty of the felony of perjury and shall be subject to the penalties prescribed by law.

7.  A self-proved testamentary instrument shall be admitted to probate without the testimony of any subscribing witness, unless contested, but otherwise it shall be treated no differently than a will or codicil not self-proved.  Furthermore, a self-proved testamentary instrument may be revoked or amended by a codicil in exactly the same fashion as a will or codicil not self-proved and such a testamentary instrument may be contested as a will not self-proved.

Oklahoma Statutes, §84‑55.

 

Method of witnessing a will

A witness to a written will must write, with his name, his place of residence; and a person who subscribed the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will.

Oklahoma Statutes, §84‑56.

 

Codicil, effect of

The execution of a codicil referring to a previous will has the effect to republish the will as modified by the codicil.

Oklahoma Statutes, §84‑57.

 

Law of place governs execution or revocation

A will, or a revocation thereof, made out of this state by a person not having his domicile in this state; is as valid when executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this state, and according to the provisions of this article.

Oklahoma Statutes, §84‑71.

 

Law must be followed in execution or revocation

No will or revocation is valid unless executed either according to the provisions of this article, or according to the law of the place in which it was made, or in which the testator was at the time domiciled.

Oklahoma Statutes, §84‑72.

 

Change of domicile does not affect will

Whenever a will or a revocation thereof is duly executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, the same is regulated as to the validity of its execution, by the law of such place, notwithstanding that the testator subsequently changed his domicile to a place, by the law of which such will would be void.

Oklahoma Statutes, §84‑73.

 

[Reference - Oklahoma Requirements for a Will]

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