What Makes A Will Legal In Oklahoma

Understanding what makes a will legal can help ensure your assets are distributed according to your wishes after your death. In Oklahoma, the state statutes outline the requirements for a will to be legally binding. If a will fails to meet these requirements, courts may declare it invalid, leaving the distribution of assets to fall under by Oklahoma’s intestacy laws.

Legal Requirements for a Valid Will in Oklahoma

To create a legally binding will in Oklahoma, you must meet the following requirements:

The Testator Must Be of Legal Age and Sound Mind

The person creating the will, known as the testator, must meet the following qualifications:

• Legal Age: The testator must be at least 18 years old.
• Sound Mind: The testator must be of sound mind, meaning they understand the nature of their assets, the purpose of the will, and the beneficiaries they are naming.

If there are challenges against a will in court, a common claim is that the testator lacked mental capacity when creating the document. Ensuring the testator is of sound mind at the time of signing is critical to avoiding future disputes.

The Will Must Be in Writing

Oklahoma law requires that a will be in writing. This can be a typed or handwritten document. There are two main types of written wills in Oklahoma:

• Attested Will: A formal, typed will that is signed by the testator and witnessed by at least two people.
• Holographic Will: A handwritten will that is entirely written, dated, and signed by the testator.

While holographic wills are legal in Oklahoma, they are more likely to face challenges in probate court. For either, the testator must sign the will to validate it. The signature demonstrates that the testator approves the contents of the will and intends for it to serve as their final instructions for distributing their assets.

There Must Be Witnesses

An attested must have at least 2 witnesses who:

• Are at least 18 years old
• Are competent to serve as witnesses
• Do not stand to benefit from the will (i.e., are not beneficiaries)

The witnesses must sign the will in the presence of the testator and each other. This requirement helps ensure that the will was voluntary and without undue influence.

Common Issues That Can Invalidate a Will

A court can declare a will invalid in Oklahoma if it fails to meet the legal requirements. Common issues that can lead to a will being contested or invalidated include:

Lack of Capacity: The testator lacked sound mind when creating the will.

Undue Influence: Someone coerced or manipulated the testator into making the will.

Improper Execution: The testator or witnesses failed to properly sign or witness the will.

Fraud: Someone created the will under fraudulent circumstances, such as forging the testator’s signature.

If a court declares the will invalid, asset distribution will then fall under intestate distribution laws, just as when someone dies without a will.

Probate Process for Wills in Oklahoma

When a person passes away with a valid will in Oklahoma, the will must go through the probate process. Probate is a court-supervised process that involves:

1. Filing the will with the court
2. Appointing an executor to manage the estate
3. Paying debts and taxes
4. Distributing assets to the beneficiaries named in the will

A properly executed will streamlines the probate process and honors the deceased person’s wishes. Working with a probate attorney can help you ensure you meet all necessary requirements.

Tulsa Wills And Trust Attorneys

A valid will ensures the distribution of your assets according to your wishes after your death. In Oklahoma, the testator must write, sign, and properly witness the will to make it legally binding. Although Oklahoma recognizes holographic and nuncupative wills under specific circumstances, an attested will with a self-proving affidavit offers the most reliable way to protect your estate and reduce legal challenges during probate.

If you need help to create a valid will or update a current one, contact the Tulsa estate planning attorneys at Kania Law Office by calling us at (918)–743-2233 or online.