Trying to challenge a will in Oklahoma involves a legal process where an individual contests the validity of a will during probate. Due to the extremely emotional nature of these cases, knowing exactly what they mean is very important. Here, we’ll discuss who can contest a will, the requirements you must meet, and what to expect during the process.

Grounds for Challenging a Will

To successfully challenge a will in Oklahoma, you must have valid legal grounds. Common reasons for contesting a will include:

1. Lack of Testamentary Capacity: Arguing that the testator (the person who made the will) didn’t have the mental capacity to understand the nature and consequences of their actions when creating the will. This could be due to dementia, mental illness, or other cognitive impairments.
2. Undue Influence: Claiming that the testator was facing pressure or coercion by another person into making or changing the will. This influence must be so significant that it overpowered the testator’s free will.
3. Fraud or Forgery: Alleging that the will was created or altered through fraudulent means, such as false representations or deceit, or that the testator’s signature was forged.
4. Improper Execution: Contending that the will was not executed in accordance with Oklahoma law. Oklahoma requires that the testator signs the will and has it witnessed by at least two competent witnesses.
5. Revocation: Asserting that the will was revoked by the testator before their death through a subsequent will or other legal means.

Although these are common grounds, this is not an extensive list. By consulting with a legal professional, you’ll be able to understand if you have grounds to challenge the will.

Who Can Challenge a Will?

In Oklahoma, only interested parties have the legal standing to contest a will. Interested parties typically include. The will challenge is filed in the probate court in the county the will is submitted to probate:

• Heirs: Individuals who would inherit under the state’s intestacy laws if the court deems the will invalid.
• Beneficiaries: Individuals or entities named in a previous will who would benefit if the current will is invalidated.
• Creditors: In some cases, creditors of the estate may have grounds to contest a will.

If you’re not an interested party, you will be unable to contest the will.

Steps to Challenge a Will

If you are eligible to contest a will, and wish to do so, there are certain steps you need to follow:

1. Consult an Attorney: Seek advice from an experienced probate attorney who can assess the validity of your claim and guide you through the legal process. An attorney can help you gather necessary evidence and represent you in court.
2. File a Petition: To initiate a will contest, you must file a petition with the probate court that is handling the will. The petition should state your relationship to the testator, your grounds for contesting the will, and the specific provisions you are challenging.
3. Notification: Notify all interested parties. This includes beneficiaries named in the will and heirs who would inherit if the court invalidates the will. They have the right to participate in the proceedings.
4. Discovery: Engage in the discovery process, where both sides gather evidence to support their claims. This can include depositions, interrogatories, and requests for documents.
5. Mediation or Settlement: In some cases, parties may resolve the dispute through mediation or settlement negotiations to avoid court.
6. Court Hearing: If mediation or a settlement aren’t viable options, the next step is a court hearing. Both sides will present their evidence and arguments, and witnesses may testify.

From here, the judge will review the evidence and make a decision. If the judge finds the will invalid, they may order that a previous will go through probate or to distribute the estate according to intestacy laws.

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Creek County Probate Attorneys

Challenging a will in Oklahoma is a complex process that requires you to meet certain criteria and have clear legal grounds. If you believe you have valid reasons to challenge a will, seeking legal counsel will help you understand the legal requirements and form your best argument. Our team at Creek County Estate Planning and Probate Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.