In Oklahoma Hand Written Wills Are valid but they must satisfy certain requirements. In Oklahoma hand written wills are called holographic. Holographic wills are wills that are completely handwritten by the person wishing to will their property away when they die. Some people prefer to hand-write their final wishes because its easy and personal. Not all States allow for holographic wills but in Oklahoma this kind of will is valid. If a hand written will isn’t done correctly it will be invalid and it will be like you’ve died without a will. The key to hand written wills in Oklahoma being valid is that they must meet the following conditions:
- Written entirely in your own handwriting not on a computer
- Dated and signed by you
- Set out your absolute intention to create a will
- List out with specifics the items you wish to give away upon your death
- List out who you want to receive your property when you die
- If you’ve written a previous will be careful to revoke that will with the new will
- Must present the original will upon death for it to be valid. This means a photocopy of the will isn’t enough.
Does a Hand Written Will Require Witnesses
Oklahoma wills and trust law requires two witnesses to sign the will in the presence of the person making the will. In fact, the process is very technical in nature and any errors can invalidate the will. However, holographic wills don’t need to be witnessed. (Okla. Stat. tit. 84, § 54) Additionally they don’t need to be notarized or done in front of an attorney. Like its set out above, a holographic will needs to be entirely handwritten, signed, and dated by you. Also, and just like any other will or trust, your family must be able to locate the will upon your death and it must be the original.
Get Your Estate in Order Today
Poorly written wills can result in family disputes or your wishes not being followed. Probate Courts are better at following legal language when probating a will rather than vague instructions that are difficult to understand. This can have a severe impact on the distribution of your Estate. Uncertainty can result in your belongings not being distributed as you wanted and how you set out in your will. An attorney can help make sure that your will abides by state standards. Additionally, they can ensure that your wishes will be followed when it comes time to probate your will.
Tulsa Oklahoma Probate Attorneys
No one wants to consider their own death. Also who you want to give what to is even more troublesome. The truth is that taking the time and making sure that your Estate is in order saves your loved ones from additional hardship. Not only do they have to grieve over your loss now its made worse as they try to figure out who you wanted to pass your property to. Our Oklahoma Probate Attorneys understand the law surrounding the proper execution of wills. We can assist you in drafting a formal will, which can avoid many costs and confusion when it comes time to probate and your estate. Call us today for a free consultation regarding your will. 918.743.2233