Writing a valid Will requires that it meets Oklahoma estate planning laws. must conform to Oklahoma’s statutory requirements. If you die without a valid will in Oklahoma, your property is distributed in compliance with Oklahoma’s intestacy laws. If you write a will and it fails to meet legal requirements it’s deemed invalid. If this happens its as if you’ve died without any will at all. In Oklahoma if you die without a will your property is distributed through the rules of intestate distribution. Intestacy laws are designed to represent how the average person would set up their estate plan. However, in many cases this may not at all be what you intended.
One of the best ways to ensure your property is given out according to your wishes is to make a Last Will and Testament. Through this instrument you can choose exactly what happens to your property and your assets. In order to avoid the common problems that can happen, you should consult an estate planning attorney in Creek County.
Formal Requirements for a Will
In order for a will to be valid in Oklahoma, certain formal requirements must be satisfied. For starters, every will must be in writing. The only exception to this condition is in the case of “nuncupative”, or oral will. A testator is a person who has written and executed a will. All wills must be executed and attested under the following conditions:
- The testator must be at least 18 years old
- The testator must be of sound mind
- The will must be signed at the end by the testator himself (or someone else, in his presence and by his direction, must subscribe his name thereto)
- The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will
- There must be two attesting witnesses whom must sign his or her name as a witness at the end of the will in the presence of the testator (84 Okl.St.Ann. § 55)
Self-Proved Wills in Oklahoma
Many formally-executed wills contain a self-proving clause. These are known as “self-proved” wills. A self-proving clause is a notarized statement which indicates that the will was properly executed and signed. The two witnesses sign the notarized statement. By adding this clause at the end of the will, you can avoid the requirement of having the witnesses appear in court when the will is probated.
Creek County Wills Attorneys
Writing a Valid Will in Oklahoma requires that you follow certain laws. If you are in need of a will or a Trust, you should consult an attorney who understands this area of the law. This can save your loved ones time and expenses when it comes time to the estate planning process. Call us today for a free initial consultation.