While the procedure for creating a will is similar in each state, there are some differences. Each state has its own set of regulations for writing a will. It is important that you fully understand the requirements for Oklahoma, as otherwise, you risk that your will is not recognized as valid. To make an online will in Oklahoma, make sure to follow the specific statutes and use an online will designed for Oklahoma.
Can I Make a Will Online in Oklahoma?
Yes, in Oklahoma, you can make a will online. Use an online will making service to accomplish this. We recommend USLegalWills to make a will online.
Here are the legal requirements to make an online will in Oklahoma valid:
- The Testator (the person making the will) must be 18 or older.
- The Testator must be of sound mind.
- The will must be in writing. After you make an online will, you must print it out. Oklahoma does not currently accept digital-only wills.
- You must declare to two witnesses that the document is your last will and testament.
- You must sign the will at the end of the document, in front of the two witnesses.
- Your witnesses must sign their names at the end of the document in front of you.
Your witnesses can be any competent adult generally able to act as a witness. You should also choose two “disinterested” witnesses (witnesses who do not stand to inherit from your estate). In Oklahoma, unless there are two other “disinterested” witnesses, any provisions left to the “interested” witness is void.
Does Oklahoma Require a Notarized Will?
A will must be verified before it is accepted into probate. A notarized will can assist the probate court in validating the will and allowing the executor to begin to settle the estate. In most circumstances, however, it is a second document called a “self-proving affidavit” that is notarized and attached to the will rather than the will itself. Oklahoma does allow for wills to be “self-proved.”
To “self-prove” a will in Oklahoma, you and your witnesses go to a notary public and sign an affidavit demonstrating who you are, that you were all aware that you were signing the will, and that confirms the will was correctly executed and signed. You then attach these notarized affidavits to your will, making it “self-proved.”
By making your will “self-proved,” it avoids the need for the witnesses to appear in court when the will is probated.
Can I Name an Executor in Oklahoma?
An executor can be named in an online will in Oklahoma. The executor is the person charged with settling the estate and ensuring that the Testator’s wishes are carried out. It is a good idea to name an executor in your will, and make sure it is someone you know and trust. In Oklahoma, if an executor is not designated in the will, the probate court will appoint one to manage the estate.
Here are the requirements for an executor in Oklahoma:
- The executor must be at least 18 years old.
- The executor must be of sound mind.
- The executor must not have been convicted of “an infamous crime” (a felony).
In addition to the above requirements, a potential executor found unfit by an Oklahoma probate court because of “drunkenness, improvidence, or want of understanding and integrity” will be rejected.
To name an executor who lives out-of-state, there are some specific guidelines in Oklahoma:
- A nonresident executor is required to appoint someone who lives in the county where the estate is being probated to act as an in-state agent. The executor’s in-state agent will accept any legal papers on behalf of your estate.
Do I Need an Attorney to Make a Will in Oklahoma?
No, you do not need an attorney to make a will. However, in some cases—for example, if the estate is large or complicated—it is prudent to consult an estate planning attorney. In most circumstances, though, online will making is a good alternative. If you have a simple estate and a straightforward will, you can easily make an online will in Oklahoma. It is important that you follow the state guidelines to execute a valid will, and you want to use an online will making service with state-specific templates.
What Types of Wills Are Valid in Oklahoma?
In Oklahoma, any sort of will that meets the federal and state-specific requirements is legal, whether it was created online or not.
Can I Make a Holographic Will in Oklahoma?
A holographic will is a handwritten last will and testament. It is written and signed by the Testator (the person making the will), with no attesting witnesses.
A holographic will is valid in Oklahoma provided it is signed, dated, and written entirely in the Testator’s handwriting. However, because holographic wills do not usually include critical clauses and must be proven authentic, they frequently suffer delays in probate court.
Can I Make a Nuncupative or Video Will in Oklahoma?
An oral will is known as a nuncupative will, and some people like to record their oral wills on video. Nuncupative wills are not ideal, but they are valid in Oklahoma under certain circumstances.
A nuncupative will is a type of will that is considered an emergency or last resort; if an individual is facing imminent death and has not created a written will, a nuncupative will is preferable to leaving no will. However, if time and health allow, a written, witnessed, and legally binding will is far better for avoiding legal delays.
The conditions for a nuncupative will to be valid in Oklahoma are:
- It can only be made by a person in active military service (or a mariner at sea) who is in fear of immediate death.
- It does not distribute property that exceeds $1,000 in value (it can not be real estate).
- It must be witnessed by two people present at the time of the Testator’s declaration, one of whom was specifically asked by the Testator to bear witness to the will.
If a nuncupative will does not meet all the above conditions, the court will not enforce it.
How Is a Living Will Different from an Online Will in Oklahoma?
A living will, also known as an advance directive, is a legal document that specifies medical decisions and end-of-life care instructions. A living will and a last will and testament are two different documents with two different purposes. In addition, the last will and testament is usually not consulted until after a person’s death and funeral. Medical directives or end-of-life care instructions should not be left in a last will and testament, whether prepared online or not, as such instructions will not be effective or binding. Instead, include these directions in a living will.
Both a last will and testament and a living will can be created online. It is your responsibility to inform family, doctors, and other trusted people that you have a living will. Be sure to make copies and provide them to the pertinent people. For more information on living wills in Oklahoma, you can go here.
The general requirements for a living will to be legally binding are:
- The declarant must be at least 18 years old and of sound mind.
- The declarant must sign the document.
- The document must be witnessed by two adults.
- The document must substantially follow the same form as OK Stat §63-3105.4 (2020).
A living will is only in effect when the declarant can no longer make decisions regarding their own health care (by being incapacitated with little hope of regaining consciousness, for example). It is voided during the course of pregnancy.
Why Do I Need to Make a Will Online in Oklahoma?
If a person dies without a will, Oklahoma’s intestacy laws will determine what happens to all of that person’s estate. Oklahoma will also appoint a guardian for any minor children, as well as appoint an executor of the estate to settle any debts and distribute the estate’s assets. The estate will be distributed among surviving family members in accordance with Oklahoma’s intestacy distribution laws. Property is frequently held up in the probate court for months at a time. It can become a lengthy legal process.
To avoid long legal delays, it is best to make a will. It is extremely important to have a will in place if you have any minor children, as you must plan how they will be taken care of in the event of your death. If you want to distribute your estate in any specific way, you can only do that in a will.
What Can I Include in an Online Will in Oklahoma?
When you make an online will in Oklahoma, you can include the following provisions:
- Choose an executor for the estate.
- Leave property or gifts to persons or organizations.
- For minor children, designate a guardian.
- Name someone you can trust to look after any property you leave to minor children.
- Name someone you can trust to look after the remaining pets.
- Determine who will receive family heirlooms and sentimental objects.
- Make suggestions about how to distribute sentimental or personal items.
What Should Not Be Included in a Will in Oklahoma?
End-of-life care and funeral instructions should not be left in a last will and testament. When a person passes away, funeral plans are usually arranged right away. The will is read and the estate is settled after the funeral. Family members may not be aware of funeral instructions specified in the will until after the funeral. Of course, the same is true for end-of-life care desires.
Create a living will to specify end-of-life care and other medical directives. Making a living will is the only way for your wishes to be legally enforced.
For funeral directions, you can speak with a family member about your funeral wishes or create a separate document stating your wishes. If you create a separate document, be sure to give it to the executor of your estate or other trusted people.
Can I Change or Revoke an Online Will Made in Oklahoma?
A will, whether made online or not, is a legally binding document. The will can be changed or revoked at any time.
In Oklahoma, you can change or revoke a will in the following ways:
- With the intent to revoke the will, the Testator can physically destroy it (burn, shred, cancel, obliterate).
- The Testator can direct someone else to physically destroy it in front of them.
- The Testator can make a new will that revokes the existing one or has clauses that are in conflict with the existing one.
- The Testator can make another written document that declares it revokes the old will, using the same formalities as your original will.
It is a good idea to revise your will after important life events like marriage, divorce, the birth of a child, adoption, the acquisition of large assets that affect property distribution, or a move to another state or country. If you need to make major changes to your will, it is best to write a new will and revoke the old one. Add a codicil to a will if you just want to make minor adjustments—a codicil is an amendment that details the changes, which you then attach to your will. The codicil must be completed in the same manner as the original will.
How Do I Finalize an Online Will in Oklahoma?
After you make an online will in Oklahoma, you want to finalize it by taking these steps:
- Print it out. The will must be writing.
- Sign the will in front of two witnesses,
- Declare to your witnesses that the document is your will, and
- Have your witnesses sign the will in front of you.
The signatures must appear at the end of the will.
To “self-prove” a will in Oklahoma, you and your witnesses make sworn statements in front of a notary public. Attach these notarized affidavits to your will.
Be sure to consider these special considerations in Oklahoma:
- Any language in your will that “favors” your spouse is revoked if you divorce (or if a court rules that your marriage is illegal).
We tested multiple online will services to find out which ones produce the best last will and testament. Of all the wills we created—and had our lawyer review—USLegalWills had the best end product. To make an online last will and testament, we recommend USLegalWills.