Oklahoma Will and Trust Laws: Witnesses, Holographic, E-Wills (2026)

An Oklahoma will made on paper is valid when a person over 18 and of sound mind (84 O.S. 41) puts it in writing, signs it at the end in front of two attesting witnesses or acknowledges the signature to them, declares to them that the document is his or her will, and has both witnesses sign at the end at the testator's request and in the testator's presence (84 O.S. 55). A notary is not part of that signing rule, and a will written entirely, dated and signed in the testator's own hand is valid with no witnesses at all (84 O.S. 54). Living trusts are governed by two layers of Title 60: the Oklahoma Trust Act (60 O.S. 175.1 and following) and, since November 1, 2025, the Oklahoma Uniform Trust Code (60 O.S. 1601.1 and following).

Oklahoma also allows electronic wills: Title 84 has recognized them for decedents who die on or after November 1, 2024. For how other states handle the same questions, see our wills and trusts laws by state guide.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oklahoma statutes on making, signing, proving, changing and revoking wills (Title 84 and parts of Title 58) and on revocable living trusts (the Oklahoma Trust Act and the Oklahoma Uniform Trust Code in Title 60). It does not cover what happens when someone dies without a will or how probate works (see Oklahoma probate), small-estate procedures (see the Oklahoma small estate affidavit page), powers of attorney (see Oklahoma power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Oklahoma advance directive tool.

What makes a will valid in Oklahoma?

Who may make a will

Section 41 of Title 84 sets the age and capacity rule: "Every person over the age of eighteen (18) years of sound mind may, by last will, dispose of all his estate, real and personal." A guardianship or conservatorship does not take that power away, but it adds a step. Under 84 O.S. 41(B), when a person subject to a guardianship or conservatorship makes a will, "such will must be subscribed and acknowledged in the presence of a judge of the district court."

The signing and witnessing rule

Section 55 sets the signing rule for paper wills other than holographic and oral wills:

"Every will, other than a nuncupative will, must be in writing; and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person, in his presence and by his direction, must subscribe his name thereto. 2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority. 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will. 4. There must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will at the testator's request and in his presence." (84 O.S. 55(1)-(4))

Four points stand out:

• Signature at the end. The testator signs at the end, or someone else signs the testator's name in the testator's presence and by the testator's direction.
• Declaration to the witnesses. Paragraph 3 requires the testator to declare to the witnesses that the document is his or her will. This declaration step is a statutory requirement.
• Two witnesses, signing at the end. Each witness signs at the testator's request and in the testator's presence.
• Signed or acknowledged. The witnesses do not have to watch the pen move; the testator may acknowledge to them a signature already made.

Section 56 adds that a witness "must write, with his name, his place of residence," and that a person who signed the testator's name by direction must sign as a witness too. The same section says "a violation of this section does not affect the validity of the will."

Witnesses who inherit under the will

A witness who also takes under the will puts the gift at risk. Under 84 O.S. 143, "All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same." A creditor whose debt is merely charged on the estate remains a competent witness. Section 144 softens the loss: the witness "succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will."

Wills signed in another state

Oklahoma honors wills made elsewhere. Under 84 O.S. 71, a will made outside Oklahoma by a person not domiciled here "is as valid when executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this state." Section 72 states the flip side: "No will or revocation is valid unless executed either according to the provisions of this article, or according to the law of the place in which it was made, or in which the testator was at the time domiciled."

Oklahoma has also adopted the Uniform International Wills Act (84 O.S. 350 and following). Under 84 O.S. 852, a will is valid as to form if it is made as an international will; under 84 O.S. 853, the testator declares the document to be his or her will in the presence of two witnesses and an authorized person, and signs it (or acknowledges the signature) in their presence. Under 84 O.S. 859, the authorized persons in Oklahoma are lawyers admitted to practice in Oklahoma and currently licensed.

Does an Oklahoma will need to be notarized? Self-proving options

No. Section 55's signing rule names witnesses, not a notary. A notary or other officer comes in only through the optional self-proving step in 84 O.S. 55(5), which lets the will be admitted to probate without witness testimony.

Section 55(5) allows every will other than a holographic or nuncupative will, and every codicil to such a will or to a holographic will, to be made self-proved "at the time of execution or at any subsequent date during the lifetimes of the testator and the witnesses." It offers two routes:

• Officer route (55(5)(a)). The testator's acknowledgment and the witnesses' affidavits are each made "before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state," evidenced by the officer's certificate with official seal attached to the will.
• Declaration route (55(5)(b)). The testator and the witnesses sign written declarations in the statutory form, which they "declare and sign under penalty of perjury." This route uses no notary or other officer.

The forms for both routes are set out in section 55(5) itself; this page does not reproduce them.

The effect is stated in 55(7): "A self-proved testamentary instrument shall be admitted to probate without the testimony of any subscribing witness, unless contested, but otherwise it shall be treated no differently than a will or codicil not self-proved."

A will that is not self-proved can still be proved without calling both witnesses when no one contests it. Under 58 O.S. 30, the court "may admit it to probate on the testimony or affidavit given after the will has been filed of one of the subscribing witnesses only if satisfied ... that the will was executed in all particulars as required by law, and that the testator was of sound mind." How probate proceeds from there is covered on the Oklahoma probate page.

Are handwritten (holographic) wills valid in Oklahoma?

Yes. Section 54 recognizes them in one sentence:

"A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this State, and need not be witnessed." (84 O.S. 54)

All three elements are in the testator's own hand: the writing, the date and the signature. A typed or partly typed document does not fit the definition, and section 55 then requires two attesting witnesses. At probate, 58 O.S. 31 provides that "An olographic will may be proved in the same manner that other private writings are proved."

A holographic will cannot itself be made self-proved under 55(5), which excludes holographic wills, but a codicil to a holographic will can be.

Are oral (nuncupative) wills valid?

Only in narrow circumstances. Section 46 sets three requirements, all of which must be met:

1. "The estate bequeathed must not exceed in value the sum of One Thousand Dollars ($1,000.00)."
2. It "must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect."
3. The decedent "must at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear or peril of death, or the decedent must have been at the time in expectation of immediate death from an injury received the same day."

Under 58 O.S. 91, an oral will may be admitted to probate only within six months after the testamentary words were spoken, and the petition must allege that the words, or their substance, were reduced to writing within 30 days after they were spoken. Under 58 O.S. 92, the court may not receive the petition until 14 days after the testator's death. Any other oral statement of wishes is not a will, because section 55 requires every will other than a nuncupative will to be in writing.

Electronic wills in Oklahoma

Oklahoma added electronic wills in 2024 (Laws 2024, c. 344, effective November 1, 2024). Under 84 O.S. 910, the provisions apply to the will of a decedent who dies on or after that date. Section 905(A) sets the requirements:

"A. Subject to subsection D of Section 7 of this act, an electronic will must be: 1. A record that is readable as text at the time of signing under paragraph 2 of this subsection; 2. Signed by: a. the testator, or b. another individual in the testator's name, in the testator's physical presence and by the testator's direction in a manner recognized by Oklahoma law; and 3. Signed in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing, within a reasonable time after witnessing: a. the signing of the will under paragraph 2 of this subsection, or b. the testator's acknowledgment of the signing of the will under paragraph 2 of this subsection or acknowledgement of the will." (84 O.S. 905(A))

The steps the statute requires:

• Readable text. The will must be a record readable as text when signed.
• The testator's signature. The testator signs, or another person signs the testator's name in the testator's physical presence and at the testator's direction. A proxy signer must be in the testator's physical presence.
• Two witnesses, possibly remote. At least two witnesses sign in the testator's physical or electronic presence. "Electronic presence" means "the relationship of two or more individuals in different locations communicating in real time by means of communication technology, to the same extent as if the individuals were physically present in the same location" (84 O.S. 902(3)).
• Where the witnesses are. Each witness must be a resident of a state and physically located in a state when signing.
• Timing. Each witness signs within a reasonable time after witnessing the signing or the testator's acknowledgment.

Under 905(B), the testator's intent that a record be his or her electronic will "may be established by extrinsic evidence."

Self-proving an electronic will. Under 84 O.S. 907, an electronic will "may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses." The acknowledgment and affidavits must be made "before an officer authorized to administer oaths under law of the state in which execution occurs or before an officer authorized under and in the manner provided by the Oklahoma Remote Online Notary Act," and evidenced by the officer's certificate under official seal "affixed to or logically associated with the electronic will." Section 908 provides for a certified paper copy of an electronic will, and section 904 addresses electronic wills that comply with the law of another jurisdiction connected to the testator.

Paper wills keep the old rule. Section 909(B) says the electronic-will provisions are not "intended to alter Oklahoma law regarding testamentary instruments executed under other provisions of Title 84." The electronic-presence rule for other documents in 84 O.S. 920 applies only to "a non-testamentary estate planning document." Title 84 therefore extends electronic presence to wills only through the electronic-will route in section 905; section 55, which governs paper wills, requires the signature to be made or acknowledged "in the presence of the attesting witnesses" and the witnesses to sign in the testator's presence.

Is there a harmless-error rule?

No. Title 84's sections on executing, revoking and electronic wills contain no provision that lets a court admit a paper will that misses a section 55 formality, and Oklahoma has no statutory will form. The only intent-evidence rule in the will statutes is 905(B), which applies to electronic wills.

Changing or revoking an Oklahoma will

Methods of revocation

Section 101 lists the ways a written will, or any part of it, can be revoked or altered:

"1. By a written will or other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which a will should be executed by such testator; or, 2. By being burnt, torn, canceled, obliterated or destroyed, with intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction." (84 O.S. 101)

When someone other than the testator destroys the will, section 102 requires that "the direction of the testator, and the fact of such injury or destruction, must be proved by two witnesses."

An electronic will has its own revocation rule. Under 84 O.S. 906(B), all or part of an electronic will is revoked by a later will that revokes it expressly or by inconsistency, or by a physical act, if a preponderance of the evidence shows that the testator, intending to revoke, performed the act or directed another individual who performed it in the testator's physical presence.

A joint or mutual will "is valid, but it may be revoked by any of the testators in like manner with any other will" (84 O.S. 52).

Divorce and annulment

Oklahoma has three separate divorce statutes, one each for wills, trusts and beneficiary designations, and each has its own conditions.

• Wills (84 O.S. 114). "If, after making a will, the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked." Annulment has the same effect, and the former spouse is treated "for all purposes under the will as having predeceased the testator." The rule does not apply "if the decree of divorce or of annulment is vacated or if the testator remarries his former spouse, or following said divorce or annulment, executes a new will or codicil which is not revoked or held invalid." Under subsection B, it applies to any will of a decedent dying on or after November 1, 1987.
• Express trusts, including revocable trusts (60 O.S. 175). "If, after making an express trust, the trustor is divorced, all provisions in such express trust in favor of the trustor's former spouse, which are to take effect upon the death of the trustor, are thereby revoked." Annulment counts the same way, and the former spouse is treated as having predeceased the trustor. The section covers a Totten trust and excludes a business trust. Its exceptions include a vacated decree, remarriage to the former spouse, a contrary provision in the decree or the trust, a trust made after the divorce and an amendment made after it. It applies to trustors dying on or after November 1, 1987.
• Beneficiary designations (15 O.S. 178). When a party to a written contract that names a beneficiary or provides a death benefit, "including life insurance contracts, annuities, retirement arrangements, compensation agreements, depository agreements, security registrations," dies after being divorced from the person named, "all provisions in the contract in favor of the decedent's former spouse are thereby revoked." The section does not reach joint-tenancy interests or express-trust interests covered by 60 O.S. 175, and it lists exceptions, including remarriage to the former spouse and a writing renaming the former spouse delivered to the payor after the divorce. It applies to contracts made on or after November 1, 1987, and to depository agreements and security registrations made on or after September 1, 1994.

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub for the federal layer).

Children left out of a will

Section 131 addresses after-born children not provided for in a will, and section 132 covers children, and issue of deceased children, omitted from a will. Under 84 O.S. 132, "When any testator omits to provide in his will for any of his children, or for the issue of any deceased child unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator, as if he had died intestate." Intestate shares are explained on the Oklahoma probate page.

Limits on what an Oklahoma will can do

Spouse's share of joint-industry property. Under 84 O.S. 44(B)(1), "no spouse shall bequeath or devise away from the other so much of the estate of the testator that the other spouse would receive less in value than an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture." The surviving spouse may elect that one-half interest "in lieu of all devises, legacies and bequests for the benefit of the spouse contained in the last will and testament of the decedent" (44(B)(2)). The election must be made in writing and filed in the district court administering the estate "on or before the final date for hearing of the petition for final distribution of the estate" (44(B)(3)). Subsection B applies to decedents dying on or after July 1, 1985. The same paragraph provides that "No person shall by will dispose of property which could not be by the testator alienated, encumbered or conveyed while living, except that the homestead may be devised by one spouse to the other" (see Oklahoma homestead exemption).

Children. Under section 132, described above, a child, or the issue of a deceased child, omitted from the will takes an intestate share unless the omission appears intentional.

Gifts to relatives who die first. Under 84 O.S. 142, when property is left to "any child or other relation of the testator" who dies before the testator "leaving lineal descendants, such descendants take the estate so given by the will."

Slayers and abusers. Under 84 O.S. 231, a person convicted of first or second degree murder or first degree manslaughter of the decedent, or of abuse, neglect or exploitation of the decedent as a vulnerable adult under 21 O.S. 843.3, may not "take by devise or legacy, or as a designated beneficiary of an account or security which is a POD or TOD designation, or as a surviving joint tenant, or by descent or distribution, from the victim, any portion of the victim's estate."

No-contest clauses. The current rule comes from case law. In Matter of Estate of Westfahl, 674 P.2d 21 (Okla. 1983), the Supreme Court of Oklahoma said that no-contest clauses "are favored by public policy" and that such a clause "must be strictly construed against forfeiture." It held: "An attempt in good faith to probate a later purported will, spurious in fact, but believed to be genuine by the one presenting it for probate, does not render the offeror subject to the forfeiture provisions of no contest clauses if he/she has probable cause to believe that the instrument is genuine and entitled to probate."

A new statute takes effect November 1, 2026. Senate Bill 2104 adds 60 O.S. 1604.17, under which a forfeiture clause in a will or trust will be enforceable unless the person who brought the contest proves by a preponderance of the evidence that just cause existed for the action and that it was brought and maintained in good faith. Under the same section, such clauses generally will not be construed to prevent a beneficiary from asking a court to compel a fiduciary to perform its duties, to redress a breach of those duties, or to construe a will or trust. Until that date, Westfahl states the rule.

Keeping and delivering the original will

A testator may deposit a will, sealed, with a judge of the district court during life (84 O.S. 81 to 83). After death, 58 O.S. 21 provides: "Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein." A custodian who fails to do so is "responsible for all damages sustained by any one injured thereby."

Revocable living trusts in Oklahoma

Two trust statutes side by side

Oklahoma's trust law now has two layers. The Oklahoma Trust Act (60 O.S. 175.1 and following) dates to 1941. The Oklahoma Uniform Trust Code (60 O.S. 1601.1 and following) was enacted by Laws 2025, c. 254, effective November 1, 2025. Section 1610.3 explains how they fit together: the Code "applies to all trusts created before, on, or after its effective date," and "The applicable provisions of the Oklahoma Trust Act shall continue to apply, unless such provision is inconsistent with an express provision of this act and, further, except as expressly provided in this act."

The Code defines a "revocable" trust as one "revocable by the settlor without the consent of the trustee or a person holding an adverse interest" (60 O.S. 1601.3(14)).

Creating a trust

Under 60 O.S. 1604.2, "A trust is created only if: 1. The settlor has capacity to create a trust; 2. The settlor indicates an intention to create the trust; 3. The trust has a definite beneficiary or is: a. a charitable trust, or b. a trust for a noncharitable purpose ...; 4. The trustee has duties to perform; and 5. The same person is not the sole trustee and sole beneficiary."

Those requirements do not include witnesses or a notary. The writing rule sits in the older Trust Act and is limited to real estate: under 60 O.S. 175.6, "no trust in relation to real property shall be valid, unless created or declared: 1. By a written instrument subscribed by the trustor or by his agent thereto authorized by writing; 2. By the instrument under which the trustee claims the estate affected."

Outside that real-estate rule, 60 O.S. 1604.7 provides that a trust "need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Where an Oklahoma law requires a non-testamentary estate planning document, such as a trust instrument, to be signed or witnessed in someone's presence, 84 O.S. 920(B) provides that "the presence requirement shall be satisfied if the individuals are in each other's electronic presence."

Capacity

Under 60 O.S. 1606.1, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable unless it says otherwise

The default comes from the older Trust Act:

"Every trust shall be revocable by the trustor, unless expressly made irrevocable by the terms of the instrument creating the same. Provided, that any trust may be revoked by the trustor upon the written consent of all living persons having vested or contingent interest therein." (60 O.S. 175.41)

The same section adds that it "shall not apply to a spendthrift trust unless same is created by the trustor for his own benefit."

The Uniform Trust Code's article on revocable trusts consists of sections 1606.1 to 1606.3 (capacity, the settlor's powers, and the contest deadline). It contains no section on whether a trust is revocable or on the method of revoking or amending one, so under 1610.3(C) the Trust Act's section 175.41 continues to supply the default. Neither statute sets out a method for revoking or amending a revocable trust; section 175.41 refers to the terms of "the instrument creating the same."

Creditors

Under 60 O.S. 1605.1(A)(1), "Except as provided by the laws of this state, during the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After the settlor's death, under 1605.1(A)(2), the property of a trust that was revocable at death is subject to the settlor's creditors, estate administration costs, funeral expenses and statutory allowances to a surviving spouse and children "to the extent the settlor's probate estate is inadequate," again "Except as provided by the laws of this state."

Certification of trust

Under 60 O.S. 1609.7, a trustee may give a certification of trust instead of the full trust instrument. Under 1609.7(F), a person who relies on it "without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification."

After the settlor dies: notice and the contest deadline

Under 60 O.S. 1608.12(B)(3), within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries "of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report." The duty does not apply to a revocable trust that became irrevocable before November 1, 2025, or to a trustee who accepted the trusteeship before that date (1608.12(E)).

The contest deadline is set in section 1606.3:

"A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within three (3) years after the later of either the settlor's death or actual or constructive notice of the existence and terms of the trust." (60 O.S. 1606.3)

Pour-over wills

A pour-over will leaves estate property to the trustee of a trust. Under 84 O.S. 301(B)(1), a will "may validly devise property to the trustee of a trust" established during the testator's lifetime, or at death by the devise itself "if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will." The statute adds: "The devise shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death."

There is a limit in 301(B)(3): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death shall cause the devise to lapse." Subsection B, as amended by Laws 2022, c. 186, governs the wills of testators dying on or after November 1, 2022.

Oklahoma wills and trusts at a glance

Recent and upcoming changes

• Oklahoma Uniform Trust Code (Laws 2025, c. 254). Effective November 1, 2025, it added the Code's rules on capacity, creditors, the 60-day trustee notice, certification of trust and the three-year contest deadline, while keeping the Trust Act in force where the two are consistent.
• Section 55 amendment (Laws 2025, c. 486). Section 55 was last amended by Laws 2025, chapter 486, effective January 1, 2026. In its current text, paragraph 6 makes falsely executing a witness declaration under the declaration route, or misrepresenting identity, with intent to defraud, the felony of perjury, a Class D1 felony offense.
• Electronic wills (Laws 2024, c. 344). Effective November 1, 2024, for decedents dying on or after that date.
• Senate Bill 2104 (2026). Approved by the Governor on May 12, 2026, it takes effect November 1, 2026. It adds 60 O.S. 1604.17 on no-contest (forfeiture) clauses in wills and trusts (see the no-contest paragraph above) and amends several Uniform Trust Code sections, including the definitions (1601.3), the duties of a former trustee (1607.7), certification of trust (1609.7) and applicability (1610.3). Until November 1, 2026, the rules described above are the ones in force.

Making a will in practice

The site's free Oklahoma will-maker tool can help draft a basic will. Whatever produces the document, the signing has to follow section 55 (or section 54 for a will entirely in the testator's handwriting), and the self-proving step in 55(5) is a separate, optional act. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Oklahoma. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub).

Related pages

• Wills and trusts laws by state
• Oklahoma probate
• Oklahoma small estate affidavit
• Oklahoma power of attorney laws

This article provides general legal information about Oklahoma law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oklahoma or the district court clerk in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Oklahoma?

Two. Under 84 O.S. 55, the testator signs at the end (or acknowledges the signature) in their presence, declares the document is his or her will, and both witnesses sign at the end at the testator's request and in the testator's presence. A holographic will needs no witnesses (84 O.S. 54).

Is a handwritten will valid in Oklahoma?

Yes, if it is entirely written, dated and signed in the testator's own hand. Under 84 O.S. 54 it needs no witnesses and may be made in or out of Oklahoma. A partly typed will must follow the two-witness rule in 84 O.S. 55.

Does a will have to be notarized in Oklahoma?

No. A notary is not part of the signing rule in 84 O.S. 55. An attested will may be self-proved, at signing or later during the lives of the testator and witnesses, either before an officer authorized to take acknowledgments or by written declarations under penalty of perjury with no officer (84 O.S. 55(5)).

Can I make an electronic will in Oklahoma?

Yes, for decedents who die on or after November 1, 2024. Under 84 O.S. 905, an electronic will must be readable text, signed by the testator, and signed by two witnesses in the testator's physical or electronic presence, each a resident of a state and physically located in a state when signing. Paper wills still follow section 55.

Are oral wills valid in Oklahoma?

Only in narrow cases under 84 O.S. 46: the estate left cannot exceed $1,000, two witnesses must have been present, and the person must have been in military service in the field or at sea facing death, or expecting immediate death from an injury received that day.

Does divorce revoke a will in Oklahoma?

Divorce or annulment revokes the will's provisions for the former spouse, who is treated as having died first, unless the decree is vacated, the testator remarries the former spouse, or the testator signs a new will or codicil after the divorce (84 O.S. 114). Separate statutes with their own conditions cover trusts and beneficiary designations; see the divorce section above.

Can I leave my spouse out of my will in Oklahoma?

A will cannot leave the surviving spouse less than an undivided one-half interest in property acquired by the spouses' joint industry during the marriage. The spouse may elect that share instead of the will's gifts by a written election filed by the final-distribution hearing (84 O.S. 44(B), decedents dying on or after July 1, 1985).

Is a living trust revocable in Oklahoma?

Yes by default. Under 60 O.S. 175.41, every trust is revocable by the trustor unless the instrument expressly makes it irrevocable, and a trust may also be revoked with the written consent of all living persons with vested or contingent interests. Section 175.41 does not apply to a spendthrift trust unless the trustor created it for his or her own benefit.

How long do you have to contest a revocable trust in Oklahoma?

Under 60 O.S. 1606.3, a proceeding to contest a trust that was revocable at the settlor's death must be brought within three years after the later of the settlor's death or actual or constructive notice of the trust's existence and terms.