Oklahoma Last Will and Testament

Oklahoma Last Will and TestamentOur Creek County attorneys can help you write your Oklahoma Last Will and Testament. An estimated 54% of Americans between the ages of 45 to 65 do not have a last will and testament in place.  Obviously this could result in a number of problems for those loved ones left behind.  For example, the media has been awash with stories about the estate of former musician, Prince.  After an unexpected death, nobody can locate a will.  This left the estate to divide intestate and many fraudulent claims to his multi-million dollar home, Paisley Park.  Litigation is on-going from May of 2016 and legal fees for his family are already over $2 million.  While many of us are not millionaires, our descendants could find themselves in similar types of litigation if we do not provide a last will and testament for them.

How to Make a Will in Oklahoma:

The requirements to create an Oklahoma last will and testament are relatively straight-forward.  You must be 18 years or older to create a will.  The will can be in writing (typing or hand-writing), or oral.  Further, any will that is typed must have two witnesses.  The witnesses must know this is your will and you must sign the will in front of both witnesses. Typed wills must be fully typed excluding the signatures, or the will is in danger of being invalid.  It is easiest to do the signings all at the same time.  However, if your will is in hand-writing, it is a “holographic” will and must be entirely by your hand or at your direction if you are unable to write.  But it does not require any witnesses.

Orally stated wills, or “nuncupative” wills, have different requirements.  First, they must occur when the belief of immediate death is upon the testator.  This is generally only used for those in military services or aboard a ship.  However, two people who understand it is a final will and testament must witness the act.  Also, the bequeathed property must be less than a $1000 value.

We Can Help with your Oklahoma Last Will and Testament

While the requirements for making a last will and testament are fairly clear, there are many nuances and intricacies that could invalidate a seemingly perfect will.  Having an attorney with estate planning experience help draft or review your documents is a wise plan.  Our attorneys have extensive knowledge in estate law and are happy to help you ensure your legacy.  Our first consultation is free, so call us or read our Creek County legal blog for additional information.