Making a will is an important step in your Estate Planning goals. Nearly 250,000 Oklahoman’s between the ages of 45 and 65 do not have a last will and testament in place. As result, over $1 billion is left to intestate succession laws. Oklahoma’s intestate laws, while aiming to be fair, do not always reflect the will of the person passing. Further, they exclude step-children. Thus, it is important to provide a valid will in Oklahoma, to ensure your assets distribute to who you choose and wish. This also helps your loved ones avoid costly court battles and gives them a plan during their grief.
Making a Will in Oklahoma:
Making a will in Oklahoma is a fairly direct process. You must be a legal adult, which is over 18 years of age. You may hand-write, type, or orally state a will. However, any will you type must have two witnesses who understand that it is your will. Further, you must sign the will in the presence of these witnesses. The type-version of a will must not include any handwriting aside from the signatures and printed names of witnesses. If it does include hand-writing the will is in danger of invalidating certain parts, or the will itself being entirely invalid. We recommend you have all the signings take place at the same time. If you choose to have a hand-written will though, it must be in the form of a holographic will. You may read more about those here.
Wills in Oklahoma may also be “nuncupative,” or oral wills. These must occur when the person making with will believes they are in imminent danger of death. In general, Oklahoma only recognizes nuncupative wills for military service members. This oral declaration must have two witnesses who know that it is a final will and testament. Property must be less than a $1,000 value in order to pass under nuncupative standards.
OKC Wills and Trust Attorneys:
Although the requirements for making a will in Oklahoma are straight forward, many small yet crucial details could derail the enforcement of your will. Our OKC attorneys have the experience in Oklahoma estate planning that is critical to the proper execution of your final wishes. Let us help ensure your legacy follows your wishes while easing the burden on your loved ones. Call now for a free consultation or red more from our OKC attorneys law blog.
