Last Will & Testament

Why You Need a Will in Oklahoma

A Last Will and Testament is the cornerstone of any estate plan. This legally binding document allows you to:

• Designate beneficiaries – Choose who receives your property, from real estate to personal keepsakes
• Name guardians for minor children – Perhaps the most important decision for parents
• Appoint a personal representative – Select a trusted person to administer your estate
• Make specific gifts – Leave particular items to specific people
• Minimize family conflict – Clear instructions reduce disputes among survivors

Oklahoma Will Requirements: What Makes a Valid Will

Under Oklahoma law (84 O.S. § 55), a valid will must meet these requirements:

• Written form – Oklahoma does not recognize oral wills or holographic (handwritten) wills
• Testator requirements – The person making the will must be at least 18 years old and of sound mind
• Signature – The testator must sign the will (or direct someone to sign on their behalf in their presence)
• Witnesses – Two competent witnesses must sign the will, having witnessed the testator's signature or acknowledgment

While notarization is not required for a valid will, we strongly recommend including a self-proving affidavit. This notarized statement from your witnesses eliminates the need for them to appear in court during probate, saving time and expense.

How Oklahoma Intestacy Law Affects Your Family

When someone dies without a valid will ("intestate"), Oklahoma's statutory rules under Title 84, Sections 213 and 213A determine asset distribution. This often leads to results that may not align with your wishes:

If You're Married with Children

Your surviving spouse receives:

• One-half of property acquired during the marriage (the other half goes to children)
• An equal share with the children of any property you owned before marriage
• If all children are also children of the surviving spouse, the spouse receives the entire estate

If You're Married Without Children

Your surviving spouse receives the entire estate, but only if you have no surviving parents. If your parents survive you, your spouse shares the estate with them.

Unmarried Partners and Step-Children

• Unmarried partners receive nothing under Oklahoma intestacy law—regardless of how long you've been together
• Step-children are not considered heirs unless legally adopted
• The court appoints an administrator who may not be someone you would have chosen
• Your estate pays more in administrative costs and takes longer to settle

Our Will Drafting Process

Creating a will with Goodnight Law is straightforward and comfortable:

1. Consultation – We discuss your family situation, assets, and goals
2. Planning – We identify the right documents for your needs (many clients benefit from additional documents like powers of attorney)
3. Drafting – We prepare your will in clear, legally precise language
4. Review – You review the draft and we make any adjustments
5. Execution – We conduct a formal signing ceremony with proper witnesses

Types of Provisions in Your Will

Residuary Clause

This "catch-all" provision distributes any assets not specifically mentioned elsewhere. It ensures nothing falls through the cracks as your assets change over time.

Guardian Designation

For parents with minor children, naming a guardian is essential. We help you think through this decision and can name backup guardians in case your first choice is unable to serve.

Personal Representative (Executor)

Your personal representative manages your estate through probate. We'll discuss qualities to look for and whether to name an individual, a professional, or both.

Specific Bequests

Want your grandmother's ring to go to a specific grandchild? Specific bequests ensure cherished items reach the right people.

Common Will Drafting Mistakes to Avoid

Even well-intentioned wills can fail if not properly executed. Here are common mistakes we help Oklahoma families avoid:

• Improper witnessing – Failing to have two competent witnesses who actually watch you sign invalidates the entire document
• Naming beneficiaries who witness – Oklahoma law (84 O.S. § 57) allows beneficiaries to witness, but it can create complications and legal challenges
• Vague language – Terms like "split evenly" or "my personal items" lead to disputes without clear definitions
• Forgetting asset-specific rules – Retirement accounts and life insurance pass by beneficiary designation, not by will—naming them in your will creates confusion
• DIY templates – Generic forms often miss Oklahoma-specific requirements or fail to address your unique family situation
• Not updating after life changes – Marriage, divorce, births, deaths, and major asset changes all warrant will review
• No self-proving affidavit – Without this notarized document, witnesses may need to testify in court during probate

When to Update Your Will

Your will should be a living document that reflects your current circumstances. We recommend reviewing your will:

• After marriage or divorce – Oklahoma automatically revokes bequests to former spouses, but you should still update your will to reflect new wishes
• After the birth or adoption of a child – Add provisions for guardianship and inheritance
• After significant asset changes – New property, business interests, or inheritances may require updated distribution plans
• If your executor or guardian can no longer serve – Ensure your named representatives are still willing and able
• Every 3-5 years – Even without major changes, regular review ensures your will remains current with Oklahoma law
• After moving to Oklahoma from another state – While wills valid in other states are generally valid here, Oklahoma-specific provisions (like the self-proving affidavit format) may differ

At Goodnight Law, we offer will review services for existing clients and can help you determine if amendments or a complete rewrite is appropriate.