Okla. Stat. tit. 84, § 84-182 — OK Code / Title 84 / Section 84-182
Substantial compliance as performance of condition
Status: in_force

precedent.

A condition precedent in a will is to be deemed performed when

the testator's intention has been substantially, though not

literally complied with.
Okla. Stat. tit. 84, § 84-911 — OK Code / Title 84 / Section 84-911
Short title — Uniform Electronic Estate Planning Documents
Status: in_force

Act.

Sections 11 through 27 of this act shall be known and may be

cited as the “Uniform Electronic Estate Planning Documents Act”.
Okla. Stat. tit. 84, § 84-908 — OK Code / Title 84 / Section 84-908
Certified paper copy
Status: in_force

An individual may create a certified paper copy of an electronic

will by affirming under penalty of perjury that a paper copy of the

electronic will is a complete, true, and accurate copy of the

electronic will. If the electronic will is made self-proving, the

certified paper copy of the will must include the self-proving

affidavits.
Okla. Stat. tit. 84, § 84-230 — OK Code / Title 84 / Section 84-230
Liabilities of heirs
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 35

Those who succeed to the property of a decedent are liable for

his obligations in the cases and to the extent prescribed by the

Probate Code.
Okla. Stat. tit. 84, § 84-919 — OK Code / Title 84 / Section 84-919
Notarization and acknowledgment
Status: in_force

If the laws of this state require a signature or record to be

notarized, acknowledged, verified, or made under oath, the

requirement shall be satisfied with respect to an electronic non-

testamentary estate planning document if an individual authorized to

perform the notarization, acknowledgment, verification, or oath

attaches or logically associates the individual’s electronic

signature on the document together with all other information

required to be included under law.
Okla. Stat. tit. 84, § 84-275 — OK Code / Title 84 / Section 84-275
Parties - Trial and judgment - Costs
Status: in_force

All persons named in such petition as tenants or persons in

actual possession, or claimants of the property, or any part of the

same, may appear and plead to such proceeding, and therein may

Oklahoma Statutes - Title 84. Wills and Succession Page 43

traverse the facts stated in the petition, the title of the state to

the lands and property therein mentioned as in other civil cases,

and any person claiming an interest in such estate may appear and be

made a defendant, and plead as in other cases, except such

appearance must be made within or at the expiration of thirty (30)

days from the first publication of the notice hereinabove mentioned,

except on order of the court. If no person after notice as

aforesaid shall appear and plead within the time prescribed by law,

which shall not be less than thirty days after the first publication

of notice, judgment shall be rendered by default in behalf of the

state; if any person appear and deny the title set up by the state,

or traverse any material fact in the petition, issue shall be made

up and tried as other issue of fact; and if after the issues and

trial it appears from the facts found or admitted that the state has

good title to the property, real or personal in the petition

mentioned, or good right thereto, or any part thereof, judgment

shall be rendered that the state shall be seized and possessed

thereof, and a writ for the possession shall be awarded and executed

as in other cases, and at the discretion of the court the state may

recover costs against the defendants, which costs shall include a

reasonable amount for attorney's fees. If it appears that the state

has no title to such property the defendant or defendants shall

recover their costs, to be taxed and certified by the clerk, to the

State Treasurer, upon which such certificate such State Treasurer is

authorized to cash the same out of any monies in his hand not

otherwise appropriated.
Okla. Stat. tit. 84, § 84-301 — OK Code / Title 84 / Section 84-301
Devises or bequests by will to trustee of trust established by written instrument
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 3established by written instrument independently of will -

Permissible terms and conditions.

A. Unless otherwise provided by subsection B of this section, a

devise or bequest made by a will executed on or after November 1,

1961, the validity of which is determinable by the law of this

state, may be made by a will to the trustee or trustees of a trust

established or to be established by the testator or by the testator

and some other person or persons or by some other person or persons

(including a funded or unfunded life insurance trust, although the

trustor has reserved any or all rights of ownership of the insurance

contracts) 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 or concurrently with the execution of the testator's

will or in the valid last will of a person who has predeceased the

testator, regardless of the existence, size, or character of the

corpus of the trust. The devise or bequest shall not be invalid

because the trust is amendable or revocable, or both, or because the

trust was amended after the execution of the will or after the death

of the testator. Unless the testator's will provides otherwise, the

property so devised or bequeathed (a) shall not be deemed to be held

under a testamentary trust of the testator but shall become a part

of the trust to which it is given and (b) shall be administered and

disposed of in accordance with the provisions of the instrument or

will setting forth the terms of the trust, including any amendments

thereto made before the death of the testator, regardless of whether

made before or after the execution of the testator's will, and, if

the testator's will so provides, including any amendments to the

trust made after the death of the testator. A revocation or

termination of the trust before the death of the testator shall

cause the devise or bequest to lapse.

Oklahoma Statutes - Title 84. Wills and Succession Page 45

B. For a will of a testator who dies on or after November 1,

2022:

1. A will may validly devise property to the trustee of a trust

established or to be established:

a. during the testator's lifetime by the testator, by the

testator and some other person, or by some other

person including a funded or unfunded life insurance

trust, although the trustor has reserved any or all

rights of ownership of the insurance contracts, or

b. at the testator's death by the testator's devise to

the trustee, 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 or in another individual's will if

that other individual has predeceased the testator,

regardless of the existence, size, or character of the

corpus of the trust.

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.

2. Unless the testator's will provides otherwise, property

devised to a trust described in this subsection is not held under a

testamentary trust of the testator but shall become a part of the

trust to which it is devised, and shall be administered and disposed

of in accordance with the provisions of the governing instrument

setting forth the terms of the trust including any amendments

thereto made before or after the testator's death.

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.
Okla. Stat. tit. 84, § 84-271 — OK Code / Title 84 / Section 84-271
Conditions of escheat
Status: in_force

Subject to the provisions of Sections 271.1 through 277 of this

title, the estate or property of any person shall escheat to and

vest in the state if:

1. Such person die seized of any real property, including

minerals or mineral interests, or possessed of any personal estate,

without any devise thereof, and having no heirs; or

2. Such person is the owner of any real or personal estate

(except mineral interests subject to sale under Section 271.1 of

this title), and shall be absent for the term of seven (7) years,

and is not known to exist. Provided, that where no will is recorded

or probated in the county where such property is situate within

seven (7) years after the death of such owner, it shall be prima

facie evidence that there was no will, and where no lawful claim is

asserted to, or lawful acts of ownership exercised in such property

for the period of seven (7) years, and this has been proved to the

satisfaction of the court, it shall be deemed prima facie evidence

of the death of the owner and of the failure of heirs; and the court

trying the cause, may, if such evidence is not rebutted, find

therefrom in favor of the state; provided, further, that the state

may, without waiting the limit of seven (7) years, bring proceedings

and escheat any such property by making proof of the death of the

owner and the failure of heirs, and nonexistence of will.
Okla. Stat. tit. 84, § 84-181 — OK Code / Title 84 / Section 84-181
Condition precedent must be fulfilled - Exception
Status: in_force

Where a testamentary disposition is made upon a condition

precedent, nothing vests until the condition is fulfilled except

where such fulfillment is impossible, in which case the disposition

vests, unless the condition was the sole motive thereof, and the

impossibility was unknown to the testator, or arose from an

unavoidable event subsequent to the execution of the will. R.L.

1910, Sec. 8411.
Okla. Stat. tit. 84, § 84-169 — OK Code / Title 84 / Section 84-169
When terms "heirs," "relations," etc. construed as words
Status: in_force

of donation.

The terms mentioned in the last section are used as words of

donation, and not limitation, when the property is given to the

person so designated, directly, and not as a qualification of an

estate given to the ancestor of such person. R.L. 1910, Sec. 8399.
Okla. Stat. tit. 84, § 84-171 — OK Code / Title 84 / Section 84-171
Disposition to class includes all
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 26

A testamentary disposition to a class includes every person

answering the description at the testator's death; but when the

possession is postponed to a future period, it includes also all the

persons coming within the description before the time to which the

possession is postponed. R.L. 1910, Sec. 8401.
Okla. Stat. tit. 84, § 84-924 — OK Code / Title 84 / Section 84-924
Application and construction — Promotion of uniformity
Status: in_force

In applying and construing this uniform act, a court shall

consider the promotion of uniformity of the law among jurisdictions

that enact it.
Okla. Stat. tit. 84, § 84-183 — OK Code / Title 84 / Section 84-183
Condition subsequent defined
Status: in_force

A condition subsequent is where an estate or interest is so

given as to vest immediately, subject only to be divested by some

subsequent act or event. R.L. 1910, Sec. 8413.
Okla. Stat. tit. 84, § 84-144 — OK Code / Title 84 / Section 84-144
Witness entitled without will
Status: in_force

If a witness to whom any beneficial devise, legacy or gift, void

by the preceding section, is made, would have been entitled to any

share of the estate of the testator, in case the will should not be

established, he 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, and he may recover the same of the other devisees or

legatees name in the will, in proportion to and out of the parts

devised or bequeathed to them. R.L. 1910, Sec. 8378.
Okla. Stat. tit. 84, § 84-223 — OK Code / Title 84 / Section 84-223
Advancements
Status: in_force

Any estate, real or personal, given by the decedent in his

lifetime, as an advancement to any child or other lineal descendant,

is a part of the estate of the decedent for the purposes of division

and distribution thereof among his issue, and must be taken by such

child, or other lineal descendant, toward his share of the estate of

the decedent. R.L. 1910, Sec. 8428.
Okla. Stat. tit. 84, § 84-176 — OK Code / Title 84 / Section 84-176
Rights divested, when
Status: in_force

A testamentary disposition, when vested, cannot be divested

unless upon the occurrence of the precise contingency prescribed by

the testator for that purpose. R.L. 1910, Sec. 8406.
Okla. Stat. tit. 84, § 84-179 — OK Code / Title 84 / Section 84-179
Conditional disposition defined
Status: in_force

A conditional disposition is one which depends upon the

occurrence of some uncertain event, by which it is either to take

effect or be defeated. R.L. 1910, Sec. 8409.
Okla. Stat. tit. 84, § 84-101 — OK Code / Title 84 / Section 84-101
Revocation of wills
Status: in_force

Except in the cases in this article mentioned no written will,

nor any part thereof, can be revoked or altered otherwise than:

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.
Okla. Stat. tit. 84, § 84-30 — OK Code / Title 84 / Section 84-30
Interest not fixed or finally ascertained - Right to
Status: in_force

disclaim.

Any interest which exists on the effective date of this act but

which has not then become indefeasibly fixed both in quality and

quantity, or the taker of which has not then become finally

ascertained, may be thereafter disclaimed in the manner provided

herein.
Okla. Stat. tit. 84, § 84-55 — OK Code / Title 84 / Section 84-55
Formal requisites in execution - Self-proved wills
Status: in_force

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.

5. Every will, other than a holographic and a nuncupative will,

and every codicil to such will or to a holographic will may, at the

time of execution or at any subsequent date during the lifetimes of

the testator and the witnesses, be made self-proved, and the

testimony of the witnesses in the probate thereof may be made

unnecessary by:

a. the acknowledgment thereof by the testator and the

affidavits of the attesting witnesses, each made

before an officer authorized to take acknowledgments

to deeds of conveyance and to administer oaths under

the laws of this state, such acknowledgments and

affidavits being evidenced by the certificate, with

Oklahoma Statutes - Title 84. Wills and Succession Page 15

official seal affixed, of such officer attached or

annexed to such testamentary instrument in form and

contents substantially as follows:

THE STATE OF OKLAHOMA

COUNTY OF ___________

Before me, the undersigned authority, on this day personally

appeared __________, __________, and __________, known to me to be

the testator and the witnesses, respectively, whose names are

subscribed to the annexed or foregoing instrument in their

respective capacities, and, all of said persons being by me first

duly sworn, said _________, testator, declared to me and to the said

witnesses in my presence that said instrument is his last will and

testament or a codicil to his last will and testament, and that he

had willingly made and executed it as his free and voluntary act and

deed for the purposes therein expressed; and the said witnesses,

each on his oath stated to me, in the presence and hearing of the

said testator, that the said testator had declared to them that said

instrument is his last will and testament or codicil to his last

will and testament, and that he executed same as such and wanted

each of them to sign it as a witness; and upon their oaths each

witness stated further that they did sign the same as witnesses in

the presence of the said testator and at his request and that said

testator was at that time eighteen (18) years of age or over and was

of sound mind.

___________________

Testator

Witness (signature)

____________________________

Name and Residence (printed)

___________________

Witness (signature)

____________________________

Name and Residence (printed)

Subscribed and acknowledged before me by the said __________,

testator, and subscribed and sworn before me by the said __________,

and __________ witnesses, this _____ day of ________, A.D., _______.

(SEAL) (SIGNED)____________________

____________________

(OFFICIAL CAPACITY

OF OFFICER); or

b. the written declaration of the testator and the

written declarations of the attesting witnesses made

in substantially the following form:

We the undersigned are the testator and the witnesses,

respectively, whose names are subscribed to the annexed or foregoing

instrument in their respective capacities, and we do hereby declare

Oklahoma Statutes - Title 84. Wills and Succession Page 16

that said __________, testator, declared to said witnesses that said

instrument is his last will and testament or a codicil to his last

will and testament, and that he willingly made and executed it as

his free and voluntary act and deed for the purposes therein

expressed; and said witnesses further declare that the said testator

declared to them that said instrument is his last will and testament

or codicil to his last will and testament, and that he executed same

as such and wanted each of us to sign it as a witness; and that we

did sign the same as witnesses in the presence of the said testator

and at his request and that said testator was at that time eighteen

(18) years of age or over and was of sound mind, all of which we

declare and sign under penalty of perjury this ________ day of

________.

___________________

Testator

___________________

Witness (signature)

____________________________

Name and Residence (printed)

___________________

Witness (signature)

____________________________

Name and Residence (printed)

6. Any person falsely executing a written declaration as a

witness or misrepresenting his or her identity with the intent to

defraud another person pursuant to subparagraph b of paragraph 5 of

this subsection shall, upon conviction, be deemed guilty of the

felony of perjury, a Class D1 felony offense, and shall be punished

by imprisonment as provided for in subsections B through F of

Section 20N of Title 21 of the Oklahoma Statutes.

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. Furthermore, a self-proved

testamentary instrument may be revoked or amended by a codicil in

exactly the same fashion as a will or codicil not self-proved and

such a testamentary instrument may be contested as a will not self-

proved.

R.L. 1910, § 8348. Amended by Laws 1961, p. 636, § 1; Laws 1965, c.

11, § 1, emerg. eff. Feb. 10, 1965; Laws 1976, c. 46, § 1; Laws

1977, c. 58, § 1; Laws 1996, c. 107, § 1, eff. Nov. 1, 1996; Laws

1997, c. 133, § 597, eff. July 1, 1998; Laws 2025, c. 486, § 589,

eff. Jan. 1, 2026.
Okla. Stat. tit. 84, § 84-855 — OK Code / Title 84 / Section 84-855
Signature establishing execution of valid international
Status: in_force

will.

The authorized person shall attach to the will a certificate to

be signed by the authorized person establishing that the

requirements of the Uniform International Wills Act for valid

execution of an international will have been fulfilled. The

authorized person shall keep a copy of the certificate and deliver

another to the testator. The certificate must be substantially in

the following form:

CERTIFICATE

I, _______________________ (name, address and capacity), a

person authorized to act in connection with international wills

Certify that on _________ (date) at ________________ (place)

(testator) _______________________ (name, address, date and

place of birth) in my presence and in that of witnesses

1. ___________________ (name, address, date and place of birth)

2. ___________________ (name, address, date and place of birth)

has declared that the attached document is the will of the testator

and that the testator knows the contents thereof.

I furthermore certify that:

1. In my presence and in that of the witnesses

a. the testator has signed the will or has acknowledged

the signature of the testator previously affixed.

b. following a declaration of the testator stating that

the testator was unable to sign the will for the

Oklahoma Statutes - Title 84. Wills and Succession Page 49

following reason ______________________, I have

mentioned this declaration on the will

*and the signature has been affixed by

______________________ (name and address);

2. The witnesses and I have signed the will;

3. Each page of the will has been signed by _________________

and numbered;

4. I have satisfied myself as to the identity of the testator

and of the witnesses as designated above;

5. The witnesses met the conditions requisite to act as such

according to the law under which I am acting;

6. The testator has requested me to include the following

statement concerning the safekeeping of the will of the testator:

Place of Execution ______________________________________

Date ____________________________________________________

Signature _______________________________________________

and, if necessary, SEAL

*to be completed if appropriate
Okla. Stat. tit. 84, § 84-51 — OK Code / Title 84 / Section 84-51
Nuncupative will need not be in writing
Status: in_force

A nuncupative will is not required to be in writing, nor to be

declared or attested with any formalities.
Okla. Stat. tit. 84, § 84-2 — OK Code / Title 84 / Section 84-2
All property of interstate subject to debts
Status: in_force

When a person dies intestate, all his property, real and

personal, without any distinction between them, is chargeable with

the payment of his debts, except as otherwise provided in this code

and under civil procedure. R.L. 1910, Sec. 8318.
Okla. Stat. tit. 84, § 84-219 — OK Code / Title 84 / Section 84-219
Ascending and descending lines
Status: in_force

The direct line is divided into a direct line descending and the

direct line ascending. The first is that which connects the

ancestor with those who descend from him. The second is that which

connects a person with those from whom he descends. R.L. 1910, Sec.

8424.
Okla. Stat. tit. 84, § 84-22 — OK Code / Title 84 / Section 84-22
Disclaimer of interests passing by will, intestate
Status: in_force

succession, etc. - Definitions

As used in this act, unless otherwise clearly required by the

context:

1. "Beneficiary" means and includes any person entitled, but

for his disclaimer, to take an interest, by intestate succession; by

devise; by legacy or bequest; by succession of a disclaimed interest

by will, intestate succession or through the exercise or nonexercise

of a testamentary power of appointment; by virtue of a renunciation

and election to take against a will; as beneficiary of a

testamentary trust; pursuant to the exercise or nonexercise of a

testamentary power of appointment; as donee of a power of

appointment created by testamentary instrument; or otherwise under a

testamentary instrument;

2. "Interest" means and includes the whole of any property,

real or personal, legal or equitable, or any fractional part, share

or particular portion or specific assets thereof or any estate in

any such property or power to appoint, consume, apply or expend

Oklahoma Statutes - Title 84. Wills and Succession Page 8

property or any other right, power, privilege or immunity relating

thereto; and

3. "Disclaimer" means a written instrument which declines,

refuses, releases, renounces or disclaims an interest which would

otherwise be succeeded to by a beneficiary, which instrument defines

the nature and extent of the interest disclaimed thereby and which

must be signed, witnessed and acknowledged by the disclaimant in the

manner provided for deeds of real estate.
Okla. Stat. tit. 84, § 84-912 — OK Code / Title 84 / Section 84-912
Definitions
Status: in_force

As used in the Uniform Electronic Estate Planning Documents Act:

1. “Electronic” means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities;

2. “Electronic record” means a record created, generated, sent,

communicated, received, or stored by electronic means;

3. “Electronic signature” means an electronic symbol or process

attached to or logically associated with a record and executed or

adopted by a person with the intent to sign the record;

4. “Information” includes data, text, images, codes, computer

programs, software, and databases;

5. “Non-testamentary estate planning document” means a record

relating to estate planning that is readable as text at the time of

signing and is not a will or contained in a will. Non-testamentary

estate planning document includes:

a. a record readable as text at the time of signing that

creates, exercises, modifies, releases, or revokes:

(1) a trust instrument,

(2) a trust power that under the terms of the trust

requires a signed record,

(3) a memorandum or certification of a trust,

(4) a durable power of attorney,

(5) an agent’s certification of the validity of a

power of attorney and the agent’s authority,

(6) a power of appointment,

(7) an advance directive including a health-care

power of attorney, directive to physicians,

natural death statement, living will, and medical

or physician order for life-sustaining treatment,

(8) a record directing disposition of an individual’s

body after death,

(9) a nomination of a guardian for the signing

individual,

(10) a nomination of a guardian for a minor child or

disabled adult child,

(11) a mental health treatment declaration, or

Oklahoma Statutes - Title 84. Wills and Succession Page 55

(12) any other record intended to carry out an

individual’s intent regarding property or health

care while incapacitated or on death, and

b. Non-testamentary estate planning document does not

include a deed of real property or certificate of

title for a motor vehicle, watercraft, or aircraft;

6. “Person” means an individual, estate, business or nonprofit

entity, government or governmental subdivision, agency, or

instrumentality, or other legal entity;

7. “Power of attorney” means a record that grants authority to

an agent to act in place of the principal, even if the term is not

used in the record;

8. “Record” means information:

a. inscribed on a tangible medium, or

b. stored in an electronic or other medium and

retrievable in perceivable form;

9. “Security procedure” means a procedure to verify that an

electronic signature, record, or performance is that of a specific

person or to detect a change or error in an electronic record,

including a procedure that uses an algorithm, code, identifying word

or number, encryption, callback, or other acknowledgment procedure;

10. “Settlor” means a person, including a testator, that

creates or contributes property to a trust;

11. “Sign” means, with present intent to authenticate or adopt

a record:

a. execute or adopt a tangible symbol, or

b. attach to or logically associate with the record an

electronic signature;

12. “State” means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or other

territory or possession subject to the jurisdiction of the United

States. The term includes a federally recognized Indian tribe;

13. “Terms of a trust” means:

a. except as provided in subparagraph b of this

paragraph, the manifestation of the settlor’s intent

regarding a trust’s provisions as:

(1) expressed in the trust instrument, or

(2) established by other evidence that would be

admissible in a judicial proceeding; or

b. the trust’s provisions as established, determined, or

amended by:

(1) a trustee or other person in accordance with

applicable law,

(2) a court order, or

(3) a nonjudicial settlement agreement;

Oklahoma Statutes - Title 84. Wills and Succession Page 56

14. “Trust instrument” means an instrument executed by the

settlor or other person authorized by law that contains terms of the

trust including any amendments; and

15. “Will” includes a codicil and a testamentary instrument

that appoints an executor, revokes or revises another will,

nominates a guardian, or expressly excludes or limits the right of

an individual or class to succeed to property of the decedent

passing by intestate succession.
Okla. Stat. tit. 84, § 84-27 — OK Code / Title 84 / Section 84-27
Uniform Fraudulent Conveyance Act not abrogated - Bar on right to disclaim in certain
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 2right to disclaim in certain cases.

Nothing included in this act shall be deemed to amend, repeal or

abrogate in any manner Title 24 O.S. 1971, Sections 101 through 111,

inclusive. Any voluntary assignment or transfer of, or contract to

assign or transfer, an interest in real or personal property, or

written waiver of the right to disclaim the succession to an

interest in real or personal property, by any beneficiary, or any

sale or other disposition of an interest in real or personal

property pursuant to judicial process, made before he has filed a

Oklahoma Statutes - Title 84. Wills and Succession Page 10

disclaimer, as herein provided, bars the right otherwise hereby

conferred on such beneficiary to disclaim as to such interest.
Okla. Stat. tit. 84, § 84-162 — OK Code / Title 84 / Section 84-162
Technical expression not required
Status: in_force

Technical words are not necessary to give effect to any species

of disposition by a will. R.L. 1910, Sec. 8392.
Okla. Stat. tit. 84, § 84-44 — OK Code / Title 84 / Section 84-44
Property which may be disposed of - Election by surviving
Status: in_force

spouse - Homestead.

A. Every estate in property may be disposed of by will;

provided however, that a will shall be subservient to any

antenuptial marriage contract in writing; but 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

would be obtained through succession by law; provided, however, that

Oklahoma Statutes - Title 84. Wills and Succession Page 12

of the property not acquired by joint industry during coverture the

testator be not required to devise or bequeath more than one-half

(1/2) thereof in value to the surviving spouse; provided further,

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.

This subsection shall not apply to the estate of a decedent who dies

on or after July 1, 1985.

B. This subsection shall apply to the estate of a decedent who

dies on or after July 1, 1985.

1. Every estate in property may be disposed of by will except

that a will shall be subservient to any antenuptial marriage

contract in writing. In addition, 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. 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.

2. The spouse of a decedent has a right of election to take

the one-half (1/2) interest in the property as provided in paragraph

1 of this subsection in lieu of all devises, legacies and bequests

for the benefit of the spouse contained in the last will and

testament of the decedent.

3. If the surviving spouse desires to make the election

provided in paragraph 2 of this subsection to take the property

specified therein in lieu of all devises, legacies and bequests for

the benefit of the surviving spouse contained in the last will and

testament of a decedent, then the surviving spouse shall make such

election affirmatively in writing, which writing shall be filed in

the district court in which the estate of the decedent is being

administered on or before the final date for hearing of the petition

for final distribution of the estate. The court clerk shall

immediately mail a copy of such election to the personal

representative of the estate and to all attorneys of record of the

estate. Such written election of the surviving spouse shall be in

the form of a writing separate from all other pleadings and

documents filed in the district court in which the estate is being

administered. Failure of the surviving spouse to substantially

comply with the provisions of this subsection shall render the

attempted election by the surviving spouse void and of no force or

effect; provided that such failure shall not prohibit the surviving

spouse from making a subsequent election within the allotted time

period, which substantially complies with this subsection.

4. The right of election of the surviving spouse provided for

in paragraph 2 of this subsection is personal to the surviving

Oklahoma Statutes - Title 84. Wills and Succession Page 13

spouse and may be exercised only during the lifetime of the

surviving spouse. However, if there has been a guardian or

conservator duly appointed by a court of competent jurisdiction, and

such court has judicially determined the surviving spouse to be

incompetent, then such guardian or conservator may make the election

on behalf of the surviving spouse, but only if the same is approved

by the court having jurisdiction over such guardian or conservator.

Further, a certified copy of the document or documents evidencing

the appointment of such guardian or conservator for the surviving

spouse, and a certified copy of the order of the applicable court

approving such guardian's or conservator's making such election on

behalf of the surviving spouse, shall be attached to the election,

which shall also be in substantial compliance with the provisions of

paragraph 3 of this subsection, or such election shall be void and

of no force or effect. The guardian or conservator may be appointed

in any state, and may have been appointed at any time prior to the

expiration of the time permitted for the election to be made as

provided in paragraph 3 of this subsection.
Okla. Stat. tit. 84, § 84-904 — OK Code / Title 84 / Section 84-904
Compliance with law of jurisdiction of testator
Status: in_force

A will executed electronically but not in compliance with

subsection A of Section 5 of this act is an electronic will under

this act if executed in compliance with the law of the jurisdiction

where the testator is:

1. Physically located when the will is signed; or

2. Domiciled or resides when the will is signed or when the

testator dies.
Okla. Stat. tit. 84, § 84-901 — OK Code / Title 84 / Section 84-901
Short title — Oklahoma Uniform Electronic Estate Planning
Status: in_force

Documents Act.

Sections 1 through 10 of this act shall be known and may be

cited as the “Oklahoma Uniform Electronic Estate Planning Documents

Act”.
Okla. Stat. tit. 84, § 84-261 — OK Code / Title 84 / Section 84-261
Proof of service
Status: in_force

Service by publication in such cases shall be deemed complete

when it shall have been made in the manner and for the times

prescribed in this section. Proof of the publication of the notice

shall be made by the affidavit of the printer, or his foreman, or

principal clerk, or other person knowing the same, and proof of

mailing the said copy, or that the place of residence of such

defendants or any of them is unknown to the plaintiff, shall be

entered by the affidavit of the plaintiff, his agent or attorney.

But no judgment by default shall be entered against the defendants

so described on such service until proof thereof be made, and

approved by the court and filed.
Okla. Stat. tit. 84, § 84-45 — OK Code / Title 84 / Section 84-45
Persons who may take under will - Exception as to
Status: in_force

corporation.

A testamentary disposition may be made to any person capable by

law of taking the property so disposed of, except that no

corporation can take under a will, unless expressly authorized by

its charter or by statute so to take.
Okla. Stat. tit. 84, § 84-252 — OK Code / Title 84 / Section 84-252
Petition - Contents
Status: in_force

In all proceedings under this act to determine the question of

heirship of any deceased person it shall be necessary for an heir of

the decedent, or a record claimant of some interest in the estate of

such decedent to file in the proper district court a verified

petition, setting out the name of the deceased, a description of the

estate of which the decedent died seized, respecting which the

question of heirship is sought to be determined, the names and

Oklahoma Statutes - Title 84. Wills and Succession Page 37

addresses of all known heirs and record claimants, and the extent of

the interest claimed by such heir or heirs of record claimant, if

known.
Okla. Stat. tit. 84, § 84-43 — OK Code / Title 84 / Section 84-43
Duress, menace, fraud, or undue influence - Revocation
Status: in_force

A will or part of a will procured to be made by duress, menace,

fraud or undue influence, may be denied probate; and a revocation

procured by the same means, may be declared void.
Okla. Stat. tit. 84, § 84-142 — OK Code / Title 84 / Section 84-142
Death of devisee or legatee before testator - Rights of
Status: in_force

descendants.

Oklahoma Statutes - Title 84. Wills and Succession Page 22

When any estate is devised or bequeathed to any child or other

relation of the testator, and the devisee or legatee dies before the

testator, leaving lineal descendants, such descendants take the

estate so given by the will, in the same manner as the devisee or

legatee would have done had he survived the testator. R.L. 1910,

Sec. 8376; Laws 1945, p. 414, Sec. 1.
Okla. Stat. tit. 84, § 84-220 — OK Code / Title 84 / Section 84-220
Degrees in direct line
Status: in_force

In the direct line there are as many degrees as there are

generations. Thus the son is, with regard to the father, in the

first degree; the grandson in the second; and vice versa with regard

to the father and grandfather toward the sons and grandsons. R.L.

1910, Sec. 8425.
Okla. Stat. tit. 84, § 84-71 — OK Code / Title 84 / Section 84-71
Law of place governs execution or revocation
Status: in_force

A will, or a revocation thereof, made out of this state by a

person not having his domicile in this state; 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, and according to the provisions of this

article.
Okla. Stat. tit. 84, § 84-856 — OK Code / Title 84 / Section 84-856
Certificate - Formal validity
Status: in_force

In the absence of evidence to the contrary, the certificate of

the authorized person is conclusive of the formal validity of the

instrument as a will under the Uniform International Wills Act. The

absence or irregularity of a certificate does not affect the formal

validity of a will under the Uniform International Wills Act.
Okla. Stat. tit. 84, § 84-177 — OK Code / Title 84 / Section 84-177
Death of devisee or legatee causes failure
Status: in_force

If a devisee or legatee dies during the lifetime of the

testator, the testamentary disposition to him fails, unless an

intention appears to substitute some other in his place, except as

provided in Section 8922. R.L. 1901, Sec. 8407.
Okla. Stat. tit. 84, § 84-25 — OK Code / Title 84 / Section 84-25
Place of filing disclaimer - Delivery of copies - Interest
Status: in_force

in real estate.

Such disclaimer shall be effective upon being filed in the

district court in which the estate of the person by whom the

interest was created or from whom it would have been received is, or

has been, administered or, if no probate administration has been

Oklahoma Statutes - Title 84. Wills and Succession Page 9

commenced, then in the district court of any county provided in

Oklahoma Statutes as the place for probate administration of the

estate of such person. A copy of the disclaimer shall be delivered

or mailed to the representative, trustee or other person having

legal title to, or possession of, the property in which the interest

disclaimed exists, and no such representative, trustee or person

shall be liable for any otherwise proper distribution or other

disposition made without actual notice of the disclaimer. If an

interest in or relating to real estate is disclaimed the original of

the disclaimer, or a copy of the disclaimer certified as true and

complete by the clerk of the district court wherein the same has

been filed, shall be filed in the office of the county clerk in the

county or counties where the real estate is situated and shall

constitute notice to all persons only from and after the time of

such filing.
Okla. Stat. tit. 84, § 84-151 — OK Code / Title 84 / Section 84-151
Intention of testator governs
Status: in_force

A will is to be construed according to the intention of the

testator. Where his intention cannot have effect to its full

extent, it must have effect as far as possible. R.L. 1910, Sec.

8381.
Okla. Stat. tit. 84, § 84-918 — OK Code / Title 84 / Section 84-918
Attribution and effect of electronic record and electronic
Status: in_force

signature.

A. An electronic non-testamentary estate planning document or

electronic signature on an electronic non-testamentary estate

planning document is attributable to a person if it was the act of

the person. The act of the person may be shown in any manner

including by showing the efficacy of a security procedure applied to

determine the person to which the electronic record or electronic

signature was attributable.

B. The effect of attribution to a person under subsection A of

this section of a document or signature is determined from the

context and surrounding circumstances at the time of its creation,

execution, or adoption and as provided by law.
Okla. Stat. tit. 84, § 84-257 — OK Code / Title 84 / Section 84-257
Actions to determine persons entitled to real property -
Status: in_force

Description of parties - Publication of notice.

Where any person dies intestate possessed of real property in

this state, or dies having devised pursuant to the law of this state

any real property in this state, in terms to "heirs," "relations,"

"nearest relations," "representatives," "legal representatives,"

"personal representatives," "family," "issues," "descendants,"

"nearest of kin," or to persons by any other description or

designation which leaves at large the names or individual identity

of the particular person embraced therein, and the period of one (1)

or more years since the death of such intestate or testator has

elapsed without their having been a decree by the district court of

the county having jurisdiction to administer upon his estate,

wherein it was judicially determined who, by name, are or were all

the particular persons entitled to participate in the distribution

of such real property under such devise or the law of succession, or

where the grantees in any deed, or deed of patent made and issued or

designated as "the devisees," of "the heirs at law" or "the legal

representatives" of a named deceased person, without naming them, or

by any other description or designation which leaves at large the

names or individual identity of the particular persons embraced

therein, the name and individual identity of each and all the

persons who take or were entitled to take such real property and the

proportion or part thereof which each takes or was entitled to take,

immediately under such testamentary devise, or grant, or the law of

succession, may be judicially determined and jurisdiction thereto

Oklahoma Statutes - Title 84. Wills and Succession Page 39

invoked in the manner following: In any action which relates to or

the subject matter of which is such real property, or for the

determination in any form of any interest, right, title or estate

therein, or in which the relief demanded consists wholly or partly

in excluding the defendants or any of them from any interest, right,

title or estate therein, the plaintiff may allege, among other

things, in his petition, the facts showing such testamentary devise,

or grant of, or intestate succession to, such real property, and

(regardless of whether they or any of them be living or dead) the

names as he is informed and believes, all of the devisees, or

grantees, or heirs at law, as the case may be, who take or were

entitled to take such real property and the proportion or part which

each takes or was entitled to take therein, immediately under such

devise, or grant, or intestate succession; and he may make all such

devisees, or grantees, or heirs at law, their heirs, executors,

administrators, devisees, trustees and assigns, parties defendant in

such action under the description, and have service of notice by

publication upon them under such description, to-wit: "The heirs,

executors, administrators, devisees, trustees and assigns, of

__________ deceased." (Naming such testator, or intestate, or the

person stated in such deed or patent to be deceased, as the case may

be.
Okla. Stat. tit. 84, § 84-922 — OK Code / Title 84 / Section 84-922
Certified paper copy
Status: in_force

An individual may create a certified paper copy of an electronic

non-testamentary estate planning document by affirming under penalty

of perjury that the paper copy is a complete and accurate copy of

the document.
Okla. Stat. tit. 84, § 84-271.1 — OK Code / Title 84 / Section 84-271.1
Abandoned mineral interests
Status: in_force

If the proceeds or other intangible property interest from any

mineral interests are abandoned for a period of fifteen (15) years,

as provided for in the Uniform Unclaimed Property Act, then the

mineral interest which generates the intangible property interest

shall not be subject to escheat, but shall be subject to judicial

sale by the state as provided for in Sections 273 through 277 of

this title.

If a judgment is rendered in favor of the state in such

proceedings, a sale of the mineral interest shall be ordered, then:

1. All abandoned mineral interests within a single production

unit shall be grouped together as far as practicable for purposes of

sale; and

2. Any interest sold by the state shall remain subject to all

prior valid pooling and drilling orders, rules, or regulations of

the Corporation Commission; and

3. The record owner or owners of the surface from which

abandoned mineral interests have been severed shall be mailed at the

last-known address as shown by the records of the county treasurer a

notice of the sale of such abandoned mineral interest at least

thirty (30) days prior to said sale; and

Oklahoma Statutes - Title 84. Wills and Succession Page 42

4. The successful bidder at said sale shall pay the costs and

expenses of bringing the action as determined by the court.
Okla. Stat. tit. 84, § 84-73 — OK Code / Title 84 / Section 84-73
Change of domicile does not affect will
Status: in_force

Whenever a will or a revocation thereof is duly executed

according to the law of the place in which the same was made, or in

which the testator was at the time domiciled, the same is regulated

as to the validity of its execution, by the law of such place,

notwithstanding that the testator subsequently changed his domicile

to a place, by the law of which such will would be void.
Okla. Stat. tit. 84, § 84-113 — OK Code / Title 84 / Section 84-113
Codicils revoked with will
Status: in_force

The revocation of a will revokes all its codicils. R.L. 1910,

Sec. 8370.
Okla. Stat. tit. 84, § 84-133 — OK Code / Title 84 / Section 84-133
How provision made as to child born after or omitted from
Status: in_force

will.

When any share of the estate of a testator is assigned to a

child born after the making of a will, or to a child, or the issue

of a child, omitted in a will as hereinbefore mentioned, the same

must first be taken from the estate not disposed of by the will, if

any; if that is not sufficient, so much as may be necessary must be

taken from all the devisees, or legatees, in proportion to the value

they may respectively receive under the will, unless the obvious

intention of the testator in relation to some specific devise or

bequest or other provision in the will, would thereby be defeated;

in such case such specific devise, legacy or provision may be

exempted from such apportionment, and a different apportionment,

consistent with the intention of the testator, may be adopted.
Okla. Stat. tit. 84, § 84-174 — OK Code / Title 84 / Section 84-174
Errors corrected, how
Status: in_force

If, when applying a will, it is found that there is an imperfect

description, or that no person or property exactly answers the

description, mistakes and omissions must be corrected, if the error

appears from the context of the will or from extrinsic evidence; but

evidence of the declarations of the testator as to his intention

cannot be received. R.L. 1910, Sec. 8404.
Okla. Stat. tit. 84, § 84-213 — OK Code / Title 84 / Section 84-213
Descent and distribution
Status: in_force

A. Prior to July 1, 1985, if any person having title to any

estate not otherwise limited by marriage contract, dies without

disposing of the estate by will, it descends and must be distributed

in the following manner:

First. If the decedent leave a surviving husband or wife, and

only one child, or the lawful issue of one child, in equal shares to

the surviving husband, or wife and child, or issue of such child.

If the decedent leave a surviving husband or wife, and more than one

child living, or one child living and the lawful issue of one or

more deceased children, one-third (1/3) to the surviving husband or

wife, and the remainder in equal shares to his children, and to the

lawful issue of any deceased child, by right of representation; but

if there be no child of the decedent living at his death, the

remainder goes to all of his lineal descendants; and if all the

descendants are in the same degree of kindred to the decedent they

Oklahoma Statutes - Title 84. Wills and Succession Page 29

share equally, otherwise they take according to the right of

representation: Provided, that if the decedent shall have been

married more than once, the spouse at the time of death shall

inherit of the property not acquired during coverture with such

spouse only an equal part with each of the living children of

decedent, and the lawful issue of any deceased child by right of

representation. If the decedent leave no surviving husband or wife,

but leaves issue, the whole estate goes to such issue, and if such

issue consists of more than one child living or one child living,

and the lawful issue of one or more deceased children, then the

estate goes in equal shares to the children living, or to the child

living, and the issue of the deceased child or children by right of

representation.

Second. If the decedent leave no issue, the estate goes one-

half (1/2) to the surviving husband or wife, and the remaining one-

half (1/2) to the decedent's father or mother, or, if he leave both

father and mother, to them in equal shares; but if there be no

father or mother, then said remaining one-half (1/2) goes, in equal

shares, to the brothers and sisters of the decedent, and to the

children of any deceased brother or sister, by right of

representation. If decedent leave no issue, nor husband nor wife,

the estate must go to the father or mother, or if he leave both

father and mother, to them in equal shares: Provided, that in all

cases where the property is acquired by the joint industry of

husband and wife during coverture, and there is no issue, the whole

estate shall go to the survivor, at whose death, if any of the said

property remain, one-half (1/2) of such property shall go to the

heirs of the husband and one-half (1/2) to the heirs of the wife,

according to the right of representation.

Third. If there be no issue, nor husband nor wife, nor father,

nor mother, then in equal shares to the brothers and sisters of the

decedent, and to the children of any deceased brother or sister, by

right of representation; if the deceased, being a minor, leave no

issue, the estate must go to the parents equally, if living

together, if not living together, to the parent having had the care

of said deceased minor.

Fourth. If the decedent leave no issue nor husband, nor wife,

nor father and no brother or sister is living at the time of his

death, the estate goes to his mother to the exclusion of the issue,

if any, of deceased brothers or sisters.

Fifth. If the decedent leave a surviving husband or wife, and

no issue, and no father, nor mother, nor brother, nor sister, the

whole estate goes to the surviving husband or wife.

Sixth. If the decedent leave no issue, nor husband, nor wife,

and no father or mother, or brother, or sister, the estate must go

to the next of kin in equal degree, excepting that when there are

two or more collateral kindred, in equal degree, but claiming

Oklahoma Statutes - Title 84. Wills and Succession Page 30

through different ancestors, those who claimed through the nearest

ancestors must be preferred to those claiming through an ancestor

more remote.

Seventh. If the decedent leave several children, or one child

and the issue of one or more children, and any such surviving child

dies under age, and not having been married, all the estate that

came to the deceased child by inheritance from such decedent,

descends in equal shares to the other children of the same parent,

and to the issue of any such other children who are dead, by right

of representation.

Eighth. If, at the death of such child who dies under age, not

having been married, all the other children of his parents are also

dead, and any of them have left issue, the estate that came to such

child by inheritance from his parent descends to the issue of all

other children of the same parent; and if all the issue are in the

same degree of kindred to the child, they share the estate equally,

otherwise, they take according to the right of representation.

Ninth. If the decedent leave no husband, wife, or kindred, the

estate escheats to the state for the support of common schools.

B. Beginning July 1, 1985, if any person having title to any

estate not otherwise limited by any antenuptial marriage contract

dies without disposing of the estate by will, such estate descends

and shall be distributed in the following manner:

1. If the decedent leaves a surviving spouse, the share of the

estate passing to said spouse is:

a. if there is no surviving issue, parent, brother or

sister, the entire estate, or

b. if there is no surviving issue but the decedent is

survived by a parent or parents, brother or sister:

(1) all the property acquired by the joint industry

of the husband and wife during coverture, and

(2) an undivided one-third (1/3) interest in the

remaining estate, or

c. if there are surviving issue, all of whom are also

issue of the surviving spouse:

an undivided one-half (1/2) interest in all the

property of the estate whether acquired by the

joint industry of the husband and wife during

coverture or otherwise, or

d. if there are surviving issue, one or more of whom are

not also issue of the surviving spouse:

(1) an undivided one-half (1/2) interest in the

property acquired by the joint industry of the

husband and wife during coverture, and

(2) an undivided equal part in the property of the

decedent not acquired by the joint industry of

the husband and wife during coverture with each

Oklahoma Statutes - Title 84. Wills and Succession Page 31

of the living children of the decedent and the

lawful issue of any deceased child by right of

representation;

2. The share of the estate not passing to the surviving spouse

or if there is no surviving spouse, the estate is to be distributed

as follows:

a. in undivided equal shares to the surviving children of

the decedent and issue of any deceased child of the

decedent by right of representation, or

b. if there is no surviving issue, to the surviving

parent or parents of the decedent in undivided equal

shares, or

c. if there is no surviving issue nor parent, in

undivided equal shares to the issue of parents by

right of representation, or

d. if there is no surviving issue, parent, nor issue of

parents, but the decedent is survived by one or more

grandparents or issue of any grandparent, half of the

estate passes equally to the paternal grandparents if

both survive, or to the surviving paternal

grandparent, or to the issue of any paternal

grandparent if both paternal grandparents are

deceased, the issue taking equally if they are all of

the same degree of kinship to the decedent, but if of

unequal degree those of more remote degree take by

representation and the other half passes to the

maternal relatives in the same manner; but if the

decedent is survived by one or more grandparents or

issue of grandparents on only one side of the family,

paternal or maternal, the entire estate shall pass to

such survivors in the manner set forth in this

subsection, or

e. if there is no surviving issue, parent, issue of

parents, grandparent, nor issue of a grandparent, the

estate passes to the next of kin in equal degree;

3. If the decedent leaves no spouse, issue, parent, issue of

parents, grandparent, issue of a grandparent, nor kindred, then the

estate shall escheat to the state for the support of the common

schools; and

4. For the purpose of this section, the phrase "by right of

representation" means the estate is to be divided into as many equal

shares as there are surviving heirs in the nearest degree of kinship

and deceased persons in the same degree who left issue who survive

the decedent, each surviving heir in the nearest degree receiving

one equal share and the equal share of each deceased person in the

same degree being divided among his issue in the same manner. The

word "issue" means lineal descendants.

Oklahoma Statutes - Title 84. Wills and Succession Page 32

R.L. 1910, § 8418; Laws 1984, c. 233, § 3, eff. July 1, 1985; Laws

1994, c. 8, § 1, eff. Sept. 1, 1994.
Okla. Stat. tit. 84, § 84-82 — OK Code / Title 84 / Section 84-82
Delivery of deposited will
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 18

A will deposited under the provisions of the last section must

be delivered only:

1. To the testator in person.

2. Upon his written order, duly proved by the oath of a

subscribing witness.

3. After his death, to the person, if any, name in the

endorsement on the wrapper of the will; or,

4. If there is no such endorsement, and if the will was not

deposited with the judge of the district court having jurisdiction

of its probate, then to the judge of the district court who has

jurisdiction.
Okla. Stat. tit. 84, § 84-19 — OK Code / Title 84 / Section 84-19
Will includes codicils
Status: in_force

The term "will," as used in this chapter, includes all codicils

as well as wills. R.L. 1910, Sec. 8335.
Okla. Stat. tit. 84, § 84-186 — OK Code / Title 84 / Section 84-186
Unlimited marital deduction - Interpretation of will
Status: in_force

Any will of a decedent dying after December 31, 1981, which

contains a marital deduction formula expressly providing that the

spouse of the testator is to receive the maximum amount of property

qualifying for the marital deduction allowable by federal law shall

be construed as referring to the unlimited marital deduction

provided by the Economic Recovery Tax Act of 1981, Public Law 97-34.

This provision shall applyretrospectively to wills of decedents

dying after December 31, 1981.
Okla. Stat. tit. 84, § 84-351 — OK Code / Title 84 / Section 84-351
Definitions
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 47

As used in the Uniform International Wills Act:

1. “International will” means a will executed in conformity

with the Uniform International Wills Act; and

2. “Authorized person” and “person authorized to act in

connection with international wills” mean a person who by Section 10

of this act, or by the laws of the United States including members

of the diplomatic and consular service of the United States

designated by Foreign Service Regulations, is empowered to supervise

the execution of international wills.
Okla. Stat. tit. 84, § 84-917 — OK Code / Title 84 / Section 84-917
Recognition of Electronic Non-Testamentary Estate Planning
Status: in_force

Document and Electronic Signature.

A. A non-testamentary estate planning document or a signature

on a non-testamentary estate planning document may not be denied

legal effect or enforceability solely because it is in electronic

form.

B. If other laws of this state require a non-testamentary

estate planning document to be in writing, an electronic record of

the document shall satisfy such requirement.

C. If other laws of this state require a signature on a non-

testamentary estate planning document, an electronic signature shall

satisfy such requirement.
Okla. Stat. tit. 84, § 84-180 — OK Code / Title 84 / Section 84-180
Condition precedent defined
Status: in_force

A condition precedent in a will is one which is required to be

fulfilled before a particular disposition takes effect.
Okla. Stat. tit. 84, § 84-56 — OK Code / Title 84 / Section 84-56
Method of witnessing a will
Status: in_force

A witness to a written will must write, with his name, his place

of residence; and a person who subscribed the testator's name, by

Oklahoma Statutes - Title 84. Wills and Succession Page 17

his direction, must write his own name as a witness to the will. But

a violation of this section does not affect the validity of the

will.
Okla. Stat. tit. 84, § 84-57 — OK Code / Title 84 / Section 84-57
Codicil, effect of
Status: in_force

The execution of a codicil referring to a previous will has the

effect to republish the will as modified by the codicil.
Okla. Stat. tit. 84, § 84-175 — OK Code / Title 84 / Section 84-175
Rights presumed to vest on testator's death
Status: in_force

Testamentary dispositions, including devises and bequests to a

person on attaining majority, are presumed to vest at the testator's

death. R.L. 1910, Sec. 8405.
Okla. Stat. tit. 84, § 84-105 — OK Code / Title 84 / Section 84-105
Revocation by subsequent will
Status: in_force

A prior will is not revoked by a subsequent will, unless the

latter contains an express revocation, or provisions wholly

inconsistent with the terms of the former will; but in other cases

the prior will remains effectual so far as consistent with the

provisions of the subsequent will. R.L. 1910, Sec. 8362.
Okla. Stat. tit. 84, § 84-222 — OK Code / Title 84 / Section 84-222
Kindred of the half-blood
Status: in_force

Kindred of the half-blood inherit equally with those of the

whole blood in the same degree, unless the inheritance come to the

intestate by descent, devise or gift of some one of his ancestors,

in which case all those who are not of the blood of such ancestors

must be excluded from such inheritance. R.L. 1910, Sec. 8427.
Okla. Stat. tit. 84, § 84-254 — OK Code / Title 84 / Section 84-254
Trial and judgment - Rehearings
Status: in_force

Upon the date set for the hearing of said petition the district

court shall hear evidence offered, and shall render judgment

according to said evidence, as in other probate cases, and the court

shall determine the heirs of the said decedent as of the date of the

death of the said decedent. The judgment of the court shall be

final and conclusive on all persons appearing or who have been

personally served with summons, and shall be final as to all those

served by publication, unless any person so served by publication

may file in said district court, within twelve months from the

rendition of said judgment, a verified petition setting forth that

he or she did not have actual notice of the hearing in time to be

present at the hearing, and that he or she, in good faith, believes

himself to be an heir of the decedent and the facts on which such

belief is based, and in that event he shall be heard thereon. The

judge of the district court shall, upon the date of filing said

petition, set a date for the hearing of such petition and shall

cause all parties of record in said cause to be given reasonable

notice thereof of not less than ten nor more than thirty days. Upon

such hearing the court shall determine the heirship of said decedent

and shall render a decision thereon in accord with the facts shown

on said hearings; such judgment so rendered shall vacate the

Oklahoma Statutes - Title 84. Wills and Succession Page 38

original judgment and shall have the same force and effect as in the

original hearing thereon, and any party aggrieved may appeal as from

the judgment on the original hearing.
Okla. Stat. tit. 84, § 84-228 — OK Code / Title 84 / Section 84-228
Representation defined - Posthumous children
Status: in_force

Inheritance or succession by right of representation takes place

when the descendants of any deceased heir take the same share or

right in the estate of another person that their parents would have

taken if living. Posthumous children are considered as living at

the death of their parents.
Okla. Stat. tit. 84, § 84-52 — OK Code / Title 84 / Section 84-52
Mutual will - Revocation
Status: in_force

A conjoint or mutual will is valid, but it may be revoked by any

of the testators in like manner with any other will.
Okla. Stat. tit. 84, § 84-111 — OK Code / Title 84 / Section 84-111
Partial disposal not a revocation
Status: in_force

A conveyance, settlement, or other act of a testator, by which

his interest in a thing previously disposed of by his will is

altered, but not wholly divested, is not a revocation; but the will

passes the property which would otherwise devolve by succession.

R.L. 1910, Sec. 8368.
Okla. Stat. tit. 84, § 84-28 — OK Code / Title 84 / Section 84-28
Spendthrift provisions - Binding effect of disclaimer -
Status: in_force

Spouse of disclaimant.

The right to disclaim granted by this act shall exist

irrespective of any limitation imposed on the interest of the

disclaimant in the nature of an express or implied spendthrift

provision or similar restriction. A disclaimer, when filed as

provided in this act, or a written waiver of the right to disclaim,

shall be binding upon the disclaimant or beneficiary so waiving and

all parties thereafter claiming by, through or under him, except

that a beneficiary so waiving may thereafter transfer, assign or

release his interest if such is not prohibited by an express or

implied spendthrift provision. If an interest in real estate is

disclaimed and the disclaimer is duly filed in accordance with the

provisions of Section 4 of this act, the spouse of the disclaimant,

if such spouse has consented to the disclaimer in writing, shall

thereupon be automatically debarred from any claim, right or

interest in such real estate to which such spouse, except for such

disclaimer, would have been entitled.
Okla. Stat. tit. 84, § 84-165 — OK Code / Title 84 / Section 84-165
General disposition includes what
Status: in_force

A devise or bequest of all the testator's real or personal

property, in express terms, or in any other terms denoting his

intent to dispose of all his real or personal property, passes all

Oklahoma Statutes - Title 84. Wills and Succession Page 25

the real or personal property which he was entitled to dispose of by

will at the time of his death. R.L. 1910, Sec. 8395.
Okla. Stat. tit. 84, § 84-227 — OK Code / Title 84 / Section 84-227
Representation in advancements
Status: in_force

If any child or other lineal descendant receiving advancement,

dies before the decedent, leaving issue, the advancement must be

taken into consideration in the division and distribution of the

estate, and the amount thereof must be allowed accordingly by the

representatives of the heirs receiving the advancement, in like

manner as if the advancement had been made directly to them.
Okla. Stat. tit. 84, § 84-23 — OK Code / Title 84 / Section 84-23
Right to file disclaimer - Minor incompetent or deceased
Status: in_force

beneficiaries.

A beneficiary may disclaim any interest in whole or in part, or

with reference to specific parts, shares or assets thereof, by

filing a disclaimer in the manner hereinafter provided. A guardian,

executor, administrator or other personal representative of the

estate of a minor, incompetent or deceased beneficiary, if he deems

it in the best interests of those interested in the estate of such

beneficiary and of those who take the beneficiary's interest by

virtue of the disclaimer and not detrimental to the best interests

of the beneficiary, with or without an order of the probate court,

may execute and file a disclaimer on behalf of the beneficiary

within the time and in the manner in which the beneficiary himself

could disclaim if he were living, of legal age and competent. A

beneficiary likewise may execute and file a disclaimer by agent or

attorney so empowered.
Okla. Stat. tit. 84, § 84-114 — OK Code / Title 84 / Section 84-114
Divorce or annulment as revoking will
Status: in_force

A. 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 of the testator's marriage

shall have the same effect as a divorce. In the event of either

divorce or annulment, the testator's former spouse shall be treated

for all purposes under the will as having predeceased the testator.

Provided, however, this section shall 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.

B. This section shall apply to any will of a decedent dying on

or after November 1, 1987.
Okla. Stat. tit. 84, § 84-232 — OK Code / Title 84 / Section 84-232
Automobiles - Surviving spouse's rights
Status: in_force

Whenever any person dies intestate leaving a surviving spouse,

and there is among the assets of decedent's estate an automobile

owned by said deceased, said automobile shall be and become the sole

and exclusive property of said surviving spouse. If the deceased

held title to more than one automobile at the time of death of said

deceased, the surviving spouse shall have the right to choose one of

said automobiles to be his or her exclusive property and the

remaining automobiles shall be distributed according to the laws of

descent and distribution. Provided that this section shall in no

way release the automobile chosen by the surviving spouse from

liability for the debts of the deceased.
Okla. Stat. tit. 84, § 84-72 — OK Code / Title 84 / Section 84-72
Law must be followed in execution or revocation
Status: in_force

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.
Okla. Stat. tit. 84, § 84-157 — OK Code / Title 84 / Section 84-157
Ambiguities
Status: in_force

Where the meaning of any part of a will is ambiguous or doubtful

it may be explained by any reference thereto, or recital thereof, in

another part of the will. R.L. 1910, Sec. 8387.
Okla. Stat. tit. 84, § 84-20 — OK Code / Title 84 / Section 84-20
Law governing validity and interpretation of wills
Status: in_force

Except as otherwise provided, the validity and interpretation of

wills is governed, when relating to real property within this state,

by the law of this state; when relating to personal property, by the

law of the testator's domicile.
Okla. Stat. tit. 84, § 84-41 — OK Code / Title 84 / Section 84-41
Persons who may make a will - Persons subject to
Status: in_force

guardianship or conservatorship.

A. Every person over the age of eighteen (18) years of sound

mind may, by last will, dispose of all his estate, real and

personal, and such estate not disposed of by will is succeeded to as

provided in this title, being chargeable in both cases with the

payment of all the decedent's debts, as provided in Title 12 of the

Oklahoma Statutes.

B. The appointment of a guardian or a conservator does not

prohibit a person from disposing of his estate, real and personal,

by will; provided, that when any person subject to a guardianship or

conservatorship shall dispose of such estate by will, such will must

be subscribed and acknowledged in the presence of a judge of the

district court. The judge before whom the will is subscribed and

acknowledged shall attest to the execution of the will but shall

have neither the duty nor the authority to approve or disapprove the

contents of the will. Subscribing and acknowledging such will

before a judge shall not render such will valid if it would

otherwise be invalid.

R.L. 1910, § 8338; Laws 1982, c. 131, § 1, operative Oct. 1, 1982;
Okla. Stat. tit. 84, § 84-24 — OK Code / Title 84 / Section 84-24
Time for filing disclaimer
Status: in_force

Such disclaimer shall be filed at any time after the creation of

the interest, but in all events within nine (9) months after the

death of the person by whom the interest was created or from whom it

would have been received, or, if the disclaimant is not finally

ascertained as a beneficiary or his interest has not become

indefeasibly fixed both in quality and quantity as of the death of

such person, then such disclaimer shall be filed not later than nine

(9) months after the event which would cause him so to become

finally ascertained and his interest to become indefeasibly fixed

both in quality and quantity.
Okla. Stat. tit. 84, § 84-277 — OK Code / Title 84 / Section 84-277
Appeals
Status: in_force

Any person who shall have appeared in any such proceedings in

the district court, or the Attorney-General of the state or district

attorney on behalf of the state, shall have the right to prosecute

an appeal to the Supreme Court of the state from any judgment

rendered under this article.
Okla. Stat. tit. 84, § 84-906 — OK Code / Title 84 / Section 84-906
Power to revoke
Status: in_force

A. An electronic will may revoke all or part of a previous

will.

B. All or part of an electronic will is revoked by:

1. A subsequent will that revokes all or part of the electronic

will expressly or by inconsistency; or

Oklahoma Statutes - Title 84. Wills and Succession Page 52

2. A physical act, if it is established by a preponderance of

the evidence that the testator, with the intent of revoking all or

part of the will, performed the act or directed another individual

who performed the act in the testator’s physical presence.
Okla. Stat. tit. 84, § 84-914 — OK Code / Title 84 / Section 84-914
Scope of act
Status: in_force

A. Except as provided in subsection B of this section, this act

shall apply to an electronic non-testamentary estate planning

document and an electronic signature on a non-testamentary estate

planning document.

B. This act shall not apply to a non-testamentary estate

planning document if the document precludes use of an electronic

record or electronic signature.

C. This act shall not affect the validity of an electronic

record or electronic signature that is valid under the Uniform

Electronic Transactions Act, Section 15-101 et seq. of Title 12A of

the Oklahoma Statutes or other law of this state authorizing the use

of electronic records or electronic signatures.
Okla. Stat. tit. 84, § 84-164 — OK Code / Title 84 / Section 84-164
Execution of power to devise
Status: in_force

Real or personal property embraced in a power to devise passes

by a will purporting to devise all the real or personal property of

the testator. R.L. 1910, Sec. 8394.
Okla. Stat. tit. 84, § 84-166 — OK Code / Title 84 / Section 84-166
Devise of residue of real estate
Status: in_force

A devise of the residue of the testator's real property passes

all the real property which he was entitled to devise at the time of

his death, not otherwise effectually devised by his will. R.L.

1910, Sec. 8396.
Okla. Stat. tit. 84, § 84-916 — OK Code / Title 84 / Section 84-916
Use of electronic record or signature not required
Status: in_force

A. This act shall not require a non-testamentary estate

planning document or signature on a non-testamentary estate planning

document to be created, generated, sent, communicated, received,

stored, or otherwise processed or used by electronic means or in

electronic form.

B. A person shall not be required to have a non-testamentary

estate planning document in electronic form or signed electronically

Oklahoma Statutes - Title 84. Wills and Succession Page 57

even if the person previously created or signed a non-testamentary

estate planning document by electronic means.

C. No person shall waive the provisions of this section.
Okla. Stat. tit. 84, § 84-173 — OK Code / Title 84 / Section 84-173
Unborn child included in class, when
Status: in_force

A child conceived before, but not born until after a testator's

death, or any other period when a disposition to a class vests in

right or in possession, takes, if answering to the description of

the class. R.L. 1910, Sec. 8403.
Okla. Stat. tit. 84, § 84-276 — OK Code / Title 84 / Section 84-276
Sale of property
Status: in_force

In case a judgment is rendered in favor of the state in such

proceedings, a writ shall be issued to the sheriff, or any

constable, of the proper county commanding the seizure of such

property, and if the same be personal property, it shall be sold at

public auction in the manner provided by law for the sale of

property of like kind under execution; if the property be real

estate, minerals or mineral interests, it shall be sold under the

order of the court by the sheriff or a constable of the county, and

the proceeds, less the costs and attorney's fees taxed by the court,

shall be paid to the Treasurer of the state; provided, however, that

any proceeds paid to the Treasurer resulting from a sale of minerals

deemed abandoned pursuant to Sections 658.1 and 658.1A of Title 60

of the Oklahoma Statutes and Section 271.1 of this title shall be

treated as proceeds subject to the Uniform Unclaimed Property Act.

No real estate or mineral interest shall be sold by the sheriff (or

constable) at less than the minimum price to be fixed by the judge

before whom the case was tried, such minimum valuation to be stated

in the notice of sale. Should there be on the day of sale, no bona

Oklahoma Statutes - Title 84. Wills and Succession Page 44

fide bid for as high an amount as the valuation fixed by the judge

before whom the case is tried, there shall be no sale, and the writ

or order of sale shall be immediately returned to the court issuing

the same, and thereafter a new writ procured, and if necessary, a

new order of appraisement value fixed by the judge of the court.
Okla. Stat. tit. 84, § 84-859 — OK Code / Title 84 / Section 84-859
Authorized persons
Status: in_force

Individuals who have been admitted to practice law before the

courts of this state and are currently licensed to do so are

authorized persons in relation to international wills.
Okla. Stat. tit. 84, § 84-16 — OK Code / Title 84 / Section 84-16
Executor may not appoint executor
Status: in_force

An authority to an executor to appoint an executor, is void.

R.L. 1910, Sec. 8332.
Okla. Stat. tit. 84, § 84-81 — OK Code / Title 84 / Section 84-81
Wills deposited with judge of the district court
Status: in_force

Every judge of the district court must deposit in his office any

will delivered to him for that purpose, and give a written receipt

to the depositor; and must enclose such will in a sealed wrapper, so

that it cannot be read, and endorse thereon the name of the

testator, his residence, and the date of the deposit; and such

wrapper must not be opened until its delivery under the provisions

of the next section.
Okla. Stat. tit. 84, § 84-159 — OK Code / Title 84 / Section 84-159
Words to be given effect if possible
Status: in_force

The words of a will are to receive an interpretation which will

give to every expression some effect rather than one which shall

render any of the expressions inoperative. R.L. 1910, Sec. 8389.
Okla. Stat. tit. 84, § 84-143 — OK Code / Title 84 / Section 84-143
Gift to witness void - Exception
Status: in_force

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; but

a mere charge on the estate of the testator for the payment of debts

does not prevent his creditors from being competent witnesses to the

will.
Okla. Stat. tit. 84, § 84-211 — OK Code / Title 84 / Section 84-211
Succession defined
Status: in_force

Succession is the coming in of another to take the property of

one who dies without disposing of it by will. R.L. 1910, Sec. 8416.
Okla. Stat. tit. 84, § 84-260 — OK Code / Title 84 / Section 84-260
Service by publication - Mailing notice to persons named
Status: in_force

in petition.

When such petition is filed, the party may proceed to make

service by publication upon such defendants, in the manner

following: The publication notice must, in such case, be addressed

in terms, to "the heirs, executors, administrators, devisees,

trustees and assigns, of __________ deceased" (naming such deceased

person). It shall be issued over the official signature of the clerk

of the court; shall state the court in which the petition is filed,

the name of the plaintiff, the above description of such defendants,

and must notify the defendants thus described that they have been

sued and must answer the petition filed by the plaintiff, on or

before a time to be stated (which shall not be less than forty-one

(41) days from the date of the first publication), or the petition

will be taken as true, and judgment, the nature of which shall be

stated, will be rendered accordingly. The publication must be made

three (3) consecutive weeks in some newspaper authorized by law to

publish notices in legal proceedings, printed in the county where

the petition is filed, if there be any printed in such county, and

if there be not, then in some newspaper printed in this state of

general circulation in that county. A copy of the publication

notice, with a copy of the petition (without exhibits), shall,

within six (6) days after the first publication of the notice is

made, be enclosed in an envelope and addressed to each of such

devisees, grantees, or heirs at law, as are named in the petition,

or his place of residence, postage prepaid, and deposited in the

nearest post office, unless such place of residence is unknown to

the plaintiff.
Okla. Stat. tit. 84, § 84-273 — OK Code / Title 84 / Section 84-273
Petition in escheat by Attorney General or district
Status: in_force

attorney.

Where the Attorney General of this state or the district

attorney of any county shall be informed, or have reason to believe

that the title to any real or personal property has vested in this

state, or is subject to sale, under Section 271 or 271.1 of this

title, the Attorney General or district attorney shall forthwith

file a petition in the name of the State of Oklahoma, in the

district court of the county where such property, or any part

thereof is situate, which petition shall set forth a description of

the said property, the name of the person, or corporation, last

lawfully seized or possessed of the same, the names of the tenants

or persons in actual possession of same, if any; the names of the

persons claiming such property, if any such are known to claim; and

the facts or circumstances in consequence of which such property is

claimed to be subject to escheat or sale, praying writ of possession

in behalf of the state.
Okla. Stat. tit. 84, § 84-258 — OK Code / Title 84 / Section 84-258
Judgment
Status: in_force

Upon the trial of hearing, and accordingly as the proof or the

state of the pleadings warrant, the court shall find and adjudge the

name and individual identity of each and all the persons who take or

were entitled to take such real property and the proportion or part

thereof which each takes or was entitled to take, immediately under

such testamentary devise, or grant, or the law of succession, as the

case may be, describing such testamentary devise, or grant, or

naming such intestate.
Okla. Stat. tit. 84, § 84-303 — OK Code / Title 84 / Section 84-303
Construction
Status: in_force

This act shall be so construed as to effectuate its general

purpose to make uniform the law of those states which enact it.
Okla. Stat. tit. 84, § 84-915 — OK Code / Title 84 / Section 84-915
Principles of law and equity apply
Status: in_force

The law of this state and principles of equity applicable to a

non-testamentary estate planning document shall apply to an

electronic non-testamentary estate planning document except as

modified by this act.
Okla. Stat. tit. 84, § 84-214 — OK Code / Title 84 / Section 84-214
Dower and courtesy abolished
Status: in_force

Dower and courtesy are abolished. R.L. 1910, Sec. 8419.
Okla. Stat. tit. 84, § 84-172 — OK Code / Title 84 / Section 84-172
Conversion of realty into money
Status: in_force

When a will directs the conversion of real property into money,

such property and all its proceeds must be deemed personal property,

from the time of the testator's death. R.L. 1910, Sec. 8402.
Okla. Stat. tit. 84, § 84-53 — OK Code / Title 84 / Section 84-53
Probate of conditional will
Status: in_force

A will, the validity of which is made by its own terms

conditional, may be denied probate, according to the event, with

reference to the condition.
Okla. Stat. tit. 84, § 84-91 — OK Code / Title 84 / Section 84-91
Proof of lost or destroyed will
Status: in_force

A lost or destroyed will of real or personal property, or both,

may be established in the cases provided by law.
Okla. Stat. tit. 84, § 84-184 — OK Code / Title 84 / Section 84-184
Owners in common created, when
Status: in_force

A devise or legacy given to more than one person vests in them

as owners in common. R.L. 1910, Sec. 8414.
Okla. Stat. tit. 84, § 84-21 — OK Code / Title 84 / Section 84-21
Liability of beneficiaries
Status: in_force

Those to whom property is given by will are liable for the

obligations of the testator in the cases and to the extent

prescribed by the chapter on civil procedure, or the statutes in

such case made and provided. R.L. 1910, Sec. 8337.
Okla. Stat. tit. 84, § 84-307 — OK Code / Title 84 / Section 84-307
Commingling of proceeds
Status: in_force

Such insurance proceeds so held in trust may be commingled with

any other assets which may properly come into such trust.
Okla. Stat. tit. 84, § 84-350 — OK Code / Title 84 / Section 84-350
Short title
Status: in_force

This act shall be known and may be cited as the “Uniform

International Wills Act”.
Okla. Stat. tit. 84, § 84-11 — OK Code / Title 84 / Section 84-11
Satisfaction of legacy before death
Status: in_force

A legacy, or a gift in contemplation, fear or peril of death,

may be satisfied before death.
Okla. Stat. tit. 84, § 84-217 — OK Code / Title 84 / Section 84-217
Degrees of kindred
Status: in_force

The degree of kindred is established by the number of

generations, and each generation is called a degree. R.L. 1910,

Sec. 8422.
Okla. Stat. tit. 84, § 84-8 — OK Code / Title 84 / Section 84-8
Claim under heir against devisee - Probate proceedings
Status: in_force

The rights of a purchaser or encumbrancer of real property in

good faith, and for value, derived from any person claiming the same

by succession, are not impaired by any devise made by the decedent

from whom succession is claimed, unless the instrument containing

such devise has been duly admitted to probate by a court of this

state having jurisdiction to administer upon the estate of the

decedent within two (2) years after the death of the decedent, or

unless within one (1) year after the death of the decedent a

petition to admit said will to probate has been duly filed in the

court of this state having jurisdiction to admit said will to

probate and the proceedings have been pursued by the petitioner with

diligence.
Okla. Stat. tit. 84, § 84-26 — OK Code / Title 84 / Section 84-26
Disposition of interest disclaimed
Status: in_force

Unless the person by whom the interest was created or from whom

it would have been received has otherwise provided by will or other

appropriate instrument with reference to the possibility of a

disclaimer by the beneficiary, the interest disclaimed shall

descend, be distributed or otherwise be disposed of in the same

manner as if the disclaimant had died immediately preceding the

death or other event which causes him to become finally ascertained

as a beneficiary and his interest to become indefeasibly fixed both

in quality and quantity, and, in any case, the disclaimer shall

relate for all purposes to such date, whether filed before or after

such death or other event. However, one disclaiming an interest in

a nonresiduary gift, devise or bequest shall not be excluded, unless

his disclaimer so provides, from sharing in a gift, devise or

bequest of the residue even though, through lapse, such residue

includes the assets disclaimed. An interest of any nature in or to

the estate of an intestate may be declined, refused or disclaimed as

herein provided without ever vesting in the disclaimant.
Okla. Stat. tit. 84, § 84-13 — OK Code / Title 84 / Section 84-13
Interest on legacies
Status: in_force

Legacies bear interest from the time when they are due and

payable, except that legacies for maintenance, or to the testator's

widow, bear interest from the testator's decease. R.L. 1910, Sec.

8329.
Okla. Stat. tit. 84, § 84-54 — OK Code / Title 84 / Section 84-54
Holographic wills - Requisites
Status: in_force

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.
Okla. Stat. tit. 84, § 84-31 — OK Code / Title 84 / Section 84-31
Disclaimer of interest in trust - Conditions
Status: in_force

An interest in trust may be disclaimed by written instrument

signed by the trustee and income beneficiary of the trust, without

judicial approval and without liability of the trustee to persons

having interest becoming effective after the death of the income

beneficiary, but only if the interest disclaimed passes to the

descendants of grantor. This provision shall not abridge or limit

Oklahoma Statutes - Title 84. Wills and Succession Page 11

the right presently existing of a trustee or beneficiary to disclaim

interest in trust.
Okla. Stat. tit. 84, § 84-160 — OK Code / Title 84 / Section 84-160
Interpretation against total intestacy
Status: in_force

Of two modes of interpreting a will, that is to be preferred

which will prevent a total intestacy. R.L. 1910, Sec. 8390.
Okla. Stat. tit. 84, § 84-110 — OK Code / Title 84 / Section 84-110
Encumbrance not a revocation
Status: in_force

A charge or encumbrance upon any estate, for the purpose of

securing the payment of money or the performance of any covenant or

agreement, is not a revocation of any will relating to the same

Oklahoma Statutes - Title 84. Wills and Succession Page 20

estate which was previously executed, but the devise and legacies

therein contained must pass subject to such charge or encumbrance.
Okla. Stat. tit. 84, § 84-6 — OK Code / Title 84 / Section 84-6
Abatement takes effect how
Status: in_force

Abatement takes place in any class only as between legacies of

that class, unless a different intention is expressed in the will.
Okla. Stat. tit. 84, § 84-134 — OK Code / Title 84 / Section 84-134
Advancements cover rights
Status: in_force

If such children, or their descendants, so unprovided for, had

an equal proportion of the testator's estate bestowed on them in the

testator's lifetime, by way of advancement, they take nothing in

virtue of the provisions of the three preceding sections. R.L.

1910, Sec. 8374.
Okla. Stat. tit. 84, § 84-305 — OK Code / Title 84 / Section 84-305
Life insurance policies - Trustee named by will as
Status: in_force

beneficiary.

A policy of life insurance may designate as beneficiary a

trustee or trustees named by will, if the designation is made in

accordance with the provisions of the policy and the requirements of

the insurance company. The trustee or trustees may be appointed

immediately after the proving of the will, and, upon appointment and

qualification, proceeds of such insurance shall be paid to the

trustee or trustees to be held and disposed of under the terms of

the will as they exist as of the date of the death of the testator

and in the same manner as other testamentary trusts are

administered; but if no qualified trustee makes claim to the

proceeds from the insurance company within twelve (12) months after

the death of the insured, or if satisfactory evidence is furnished

to the insurance company within such twelve-month period showing

that there is or will be no trustee to receive the proceeds, payment

shall be made by the insurance company to the executors,

administrators or assigns of the insured, unless otherwise provided

by agreement with the insurance company during the lifetime of the

insured.
Okla. Stat. tit. 84, § 84-253 — OK Code / Title 84 / Section 84-253
Hearing, process and service
Status: in_force

Upon the filing of such petition the judge of the district

court shall make an order fixing a day for the hearing of said

petition, not less than six nor more than ten (10) weeks from the

time of making such order, and directing all the heirs of such

deceased person and record claimant to lands or any part thereof of

which said decedent died seized to appear before the court at the

time and place specified, and to submit to the court evidence that

is competent to establish heirship of such deceased person. The

court shall cause notice of such hearing to be given by serving a

copy of said notice on the known heirs and record claimants of said

decedent's estate in the manner and within the time as provided for

service of summons in civil actions in the district court. The

service on unknown heirs and unknown claimants shall be had in the

same manner as is now provided for the service of summons in civil

actions in the district court for nonresident defendants. The

hearing shall be had on the date fixed by the court, except

continuances may be had for good cause shown, as in civil actions.
Okla. Stat. tit. 84, § 84-923 — OK Code / Title 84 / Section 84-923
Admissibility in evidence
Status: in_force

Evidence relating to an electronic non-testamentary estate

planning document or an electronic signature on the document may not

be excluded in a proceeding solely because such evidence is in

electronic form.
Okla. Stat. tit. 84, § 84-168 — OK Code / Title 84 / Section 84-168
Effect of certain terms as "heirs," "relations," etc
Status: in_force

A testamentary disposition to "heirs," "relations," "nearest

relations," "representatives," "legal representatives," or "personal

representatives," or "family," "issue," "descendants," "nearest," or

"next of kin," of any person, without other words of qualification,

and when the terms are used as words of donation, and not of

limitation, vests the property in those who would be entitled to

succeed to the property of such person according to the provisions

of this article on succession in this chapter. R.L. 1910, Sec.

8398.
Okla. Stat. tit. 84, § 84-907 — OK Code / Title 84 / Section 84-907
Acknowledgment and attestation
Status: in_force

A. An electronic will may be simultaneously executed, attested,

and made self-proving by acknowledgment of the testator and

affidavits of the witnesses.

B. The acknowledgment and affidavits under subsection A of this

section must be:

1. 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

2. Evidenced by the officer’s certificate under official seal

affixed to or logically associated with the electronic will.

C. The acknowledgment and affidavits under subsection A of this

section must be in substantially the following form:

I, ___________________________, the testator, and, being sworn,

(name)

declare to the undersigned officer that I sign this instrument as my

electronic will, I willingly sign it or willingly direct another

individual to sign it for me, I execute it as my voluntary act for

the purposes expressed in this instrument, and I am 18 years of age

or older, of sound mind, and under no constraint or undue influence.

_______________________ __________________________

Testator City and state where located when signing

We, ___________________________ and ___________________________,

(name) (name)

witnesses, being sworn, declare to the undersigned officer that the

testator signed this instrument as the testator’s electronic will,

that the testator willingly signed it or willingly directed another

individual to sign for the testator, and that each of us, in the

physical [or electronic] presence of the testator, signs this

instrument as witness to the testator’s signing, and to the best of

our knowledge the testator is 18 years of age or older, of sound

mind, and under no constraint or undue influence.

________________________

Witness signature

________________________

Name and Residence (printed)

________________________

City and state where located when signing

________________________

Witness signature

Oklahoma Statutes - Title 84. Wills and Succession Page 53

________________________

Name and Residence (printed)

________________________

City and state where located when signing

Certificate of officer:

State of __________

County of __________

Subscribed, sworn to, and acknowledged before me by

__________________,

(name)

the testator, and subscribed and sworn to before me by

__________________ and

(name)

__________________, witnesses, this ______ day of ______, ___.

(name)

(Seal)

___________________________________

(Signed)

___________________________________

(Capacity of officer)

D. A signature physically or electronically affixed to an

affidavit that is affixed to or logically associated with an

electronic will under this act is deemed a signature of the

electronic will under subsection A of Section 5 of this act.
Okla. Stat. tit. 84, § 84-146 — OK Code / Title 84 / Section 84-146
Property acquired after will
Status: in_force

Any estate, right or interest in lands acquired by the testator

after the making of his will, passes thereby and in like manner as

if title thereto was vested in him at the time of making the will,

unless the contrary manifestly appears by the will to have been the

intention of the testator. Every will made in express terms,

devising, or in any other terms denoting the intent of the testator

to devise all the real estate of such testator, passes all the real

estate which such testator was entitled to devise at the time of his

decease. R.L. 1910, Sec. 8380.
Okla. Stat. tit. 84, § 84-212 — OK Code / Title 84 / Section 84-212
Property of intestate passes to heirs subject to control
Status: in_force

of court and possession of administrator.

The property, both real and personal, of one who dies without

disposing of it by will, passes to the heirs of the intestate,

subject to the control of the district court, and to the possession

of any administrator appointed by that court for the purpose of

administration.
Okla. Stat. tit. 84, § 84-225 — OK Code / Title 84 / Section 84-225
Advancements defined
Status: in_force

All gifts and grants are made as advancements, if expressed in

the gift or grant to be so made, or if charged in writing by the

decedent as an advancement, or acknowledged in writing as such, by

the child or other successor or heir.
Okla. Stat. tit. 84, § 84-274 — OK Code / Title 84 / Section 84-274
Summons - Notification to Attorney General
Status: in_force

Upon the filing of the petition in an action authorized to be

brought pursuant to Section 271.1 or 273 of this title, the clerk of

the court shall issue summons as in other civil cases, requiring the

persons named to appear and answer as in other civil cases, and in

like manner the clerk shall also issue a summons for publication,

setting forth briefly the contents of the petition, for all persons

interested in the property to appear and answer within thirty (30)

days from the date of first publication, which summons shall be

published as required in other civil suits except that it shall not

be required to be published exceeding thirty (30) days before answer

required. If the petition has been filed by the district attorney

for the county where the property is located, a summons and a copy

of the petition shall be sent by certified mail, return receipt

requested, to the Attorney General of this state.
Okla. Stat. tit. 84, § 84-909 — OK Code / Title 84 / Section 84-909
Application and construction — Promotion of uniformity
Status: in_force

A. In applying and construing this uniform act, consideration

must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

B. Nothing in this act is intended to alter Oklahoma law

regarding testamentary instruments executed under other provisions

of Title 84 of the Oklahoma Statutes.
Okla. Stat. tit. 84, § 84-927 — OK Code / Title 84 / Section 84-927
Severability
Status: in_force

If a provision of this act or its application to a person or

circumstance is held invalid, the invalidity does not affect another

provision or application that can be given effect without the

invalid provision.
Okla. Stat. tit. 84, § 84-259 — OK Code / Title 84 / Section 84-259
Conclusiveness of judgment
Status: in_force

Such decree or judgment shall be conclusive as to the rights of

such devisees, or heirs at law of such deceased person, or grantees

in such deed or patent, and of their heirs, executors,

administrators, devisees, trustees, and assigns, immediate and

remote, in and to such real property and every part thereof, subject

only to be reversed, or set aside, or modified, on appeal, or to be

opened and they or any of them let in to defend upon the same terms

and with like effect, as provided in section 4728, article 6,

chapter 60, of the Revised Laws of Oklahoma 1910, Laws 1919, c.

261, p. 372, Sec. 3.

Oklahoma Statutes - Title 84. Wills and Succession Page 40
Okla. Stat. tit. 84, § 84-106 — OK Code / Title 84 / Section 84-106
Revocation of subsequent will
Status: in_force

If, after making a will, the testator duly makes and executes a

subsequent will, the destruction, canceling or revocation of the

latter does not revive the former, unless it appears by the terms of

such revocation that it was his intention to renew the former will,

or unless after such destruction, canceling or revocation, he

republishes the prior will. R.L. 1910, Sec. 8363.
Okla. Stat. tit. 84, § 84-17 — OK Code / Title 84 / Section 84-17
Executor's power begins, when - Payment of funeral charges,
Status: in_force

etc.

No person has any power, as an executor, until he qualifies,

except that, before letters have been issued, he may pay funeral

Oklahoma Statutes - Title 84. Wills and Succession Page 7

charges and take necessary measures for the preservation of the

estate. R.L. 1910, Sec. 8333.
Okla. Stat. tit. 84, § 84-141 — OK Code / Title 84 / Section 84-141
Devise of land gives all estator's estate
Status: in_force

Every devise of land in any will conveys all the estate of the

devisor therein, which he could lawfully devise, unless it clearly

appears by the will that he intended to convey a less estate. R.L.

1910, Sec. 8375.
Okla. Stat. tit. 84, § 84-858 — OK Code / Title 84 / Section 84-858
Interpretation of Uniform International Wills Act
Status: in_force

The Uniform International Wills Act derives from Annex to

Convention of October 26, 1973, Providing a Uniform Law on the Form

of an International Will. In interpreting and applying the Uniform

International Wills Act, regard shall be had to its international

origin and to the need for uniformity in its interpretation.
Okla. Stat. tit. 84, § 84-913 — OK Code / Title 84 / Section 84-913
Construction and application
Status: in_force

This act shall be construed and applied to facilitate electronic

estate planning documents and signatures consistent with other law

and be consistent with reasonable practices concerning electronic

documents and signatures and continued expansion of those practices.
Okla. Stat. tit. 84, § 84-226 — OK Code / Title 84 / Section 84-226
Expressed value of advancement governs
Status: in_force

If the value of the estate so advanced is expressed in the

conveyance, or in the charge thereof made by the decedent, or in the

acknowledgment of the party receiving it, it must be held as of that

value in the division and distribution of the estate; otherwise it

must be estimated according to its value when given, as nearly as

the same can be ascertained.
Okla. Stat. tit. 84, § 84-10 — OK Code / Title 84 / Section 84-10
Bequest of interest or income begins at death
Status: in_force

In case of a bequest of the interest or income of a certain sum

or fund, the income accrues from the testator's death. R.L.1910,

Sec. 8326.
Okla. Stat. tit. 84, § 84-155 — OK Code / Title 84 / Section 84-155
Irreconcilable parts
Status: in_force

All the parts of a will are to be construed in relation to each

other, and so as to form one consistent whole, if possible but where

several parts are absolutely irreconcilable, the latter as to

position must prevail. R.L. 1910, Sec. 8385.
Okla. Stat. tit. 84, § 84-18 — OK Code / Title 84 / Section 84-18
Power of executor of executor
Status: in_force

No executor of an executor, as such, has any power over the

estate of the first testator. R.L. 1910, Sec. 8334.
Okla. Stat. tit. 84, § 84-255 — OK Code / Title 84 / Section 84-255
Appeals
Status: in_force

In all cases appealed from any judgment rendered under the

provisions of this act, the law applicable to appeals in probate

matters shall apply, and appeals may be taken from all final orders,

as provided for appeals in probate matters.
Okla. Stat. tit. 84, § 84-145 — OK Code / Title 84 / Section 84-145
Subsequent incompetency of witnesses immaterial
Status: in_force

If the subscribing witnesses to a will are competent at the time

of attesting its execution, their subsequent incompetency, from

whatever cause it may arise, does not prevent the probate and

allowance of the will, if it is otherwise satisfactorily proved.

R.L. 1910, Sec. 8379.
Okla. Stat. tit. 84, § 84-256 — OK Code / Title 84 / Section 84-256
Remedies cumulative
Status: repealed

The method herein provided for the determination of the heirs of

a deceased person shall not be exclusive, but shall be in addition

to the method already provided by law, except that the method

provided in Section 6488 of the Revised Laws of Oklahoma, 1910,

shall be no longer in force and said Section 6488 is hereby

repealed.
Okla. Stat. tit. 84, § 84-857 — OK Code / Title 84 / Section 84-857
International will - Rules of revocation of wills
Status: in_force

An international will is subject to the ordinary rules of

revocation of wills.
Okla. Stat. tit. 84, § 84-154 — OK Code / Title 84 / Section 84-154
Several instruments construed as one
Status: in_force

Several testamentary instruments, executed by the same testator,

are to be taken and construed together as one instrument. R.L. 1910,

Sec. 8384.
Okla. Stat. tit. 84, § 84-251 — OK Code / Title 84 / Section 84-251
Proceedings authorized - Jurisdiction - Final
Status: in_force

determination - Appeal.

The District Court having jurisdiction to settle the estate of

any deceased person is hereby granted original jurisdiction to hear

and determine the question of fact as to the heirship of such

person, and a determination of such fact by said court shall be

conclusive evidence of said question in all the courts of this

state. Provided, that appeals may be taken from said district court

within the time and in the manner provided by law as in other

probate matters. If no appeal is taken the judgment of the district

court shall be final, and in all cases appealed from the district

court when a final determination thereof is had, same shall be a

final determination of such fact of heirship. Provided, that where

the time limited by the law of this state for the institution of

administration proceedings has elapsed without their institution, as

well as in cases where there exists no lawful ground for the

institution of administration proceedings in said court, a petition

may be filed therein having for its object a determination of such

heirship and the case shall proceed in all respects as if

administration proceedings upon other proper grounds had been

regularly begun, but this provision shall not be construed to reopen

the question of the determination of an heirship already ascertained

by competent legal authority under existing laws.
Okla. Stat. tit. 84, § 84-925 — OK Code / Title 84 / Section 84-925
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

This act modifies, limits, or supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C. Section

7001 et seq., as amended, but does not modify, limit, or supersede

15 U.S.C. Section 7001(c), or authorize electronic delivery of any

of the notices described in 15 U.S.C. Section 7003(b).
Okla. Stat. tit. 84, § 84-308 — OK Code / Title 84 / Section 84-308
Prior beneficiary designations not affected
Status: in_force

Nothing in this act shall affect the validity of any life

insurance policy beneficiary designation heretofore made naming

trustees of trust established by will.
Okla. Stat. tit. 84, § 84-29 — OK Code / Title 84 / Section 84-29
Other rights not abridged
Status: in_force

This act shall not abridge the right of any person, apart from

this act, under any existing or future statute or rule of law, to

disclaim any interest or to assign, convey, release, renounce or

otherwise dispose of any interest.
Okla. Stat. tit. 84, § 84-1 — OK Code / Title 84 / Section 84-1
Legacies classed
Status: in_force

Legacies are distinguished and designated, according to their

nature, as follows:

1. A legacy of a particular thing, specified and distinguished

from all others of the same kind belonging to the testator is

specific; if such legacy fails, resort cannot be had to the other

property of the testator.

Oklahoma Statutes - Title 84. Wills and Succession Page 4

2. A legacy is demonstrative when the particular fund or

personal property is pointed out from which it is to be taken or

paid; if such fund or property fails in whole or in part, resort may

be had to the general assets as in case of a general legacy.

3. An annuity is a bequest of certain specified sums

periodically; if the fund or property out of which they are payable

fails, resort may be had to the general assets, as in case of a

general legacy.

4. A residuary legacy embraces only that which remains after

all the bequests of the will are discharged.

5. All other legacies are general legacies. R.L. 1910, Sec.

8317.
Okla. Stat. tit. 84, § 84-5 — OK Code / Title 84 / Section 84-5
Preferred legacies
Status: in_force

Legacies to husband, widow or kindred of any class, are

chargeable only after legacies to persons not related to the

testator.
Okla. Stat. tit. 84, § 84-14 — OK Code / Title 84 / Section 84-14
Intention of testator controls
Status: in_force

The four preceding sections are in all cases to be controlled by

a testator's express intention. R.L. 1910, Sec. 8330.
Okla. Stat. tit. 84, § 84-231 — OK Code / Title 84 / Section 84-231
Offenses precluding a person from inheriting or benefiting
Status: in_force

by insurance of victim.

No person who is convicted of murder in the first degree, murder

in the second degree, manslaughter in the first degree, as defined

by the laws of this state, or the laws of any other state or foreign

country, of having taken, caused, or procured another to take, the

life of an individual, or who has been convicted of abuse, neglect

or exploitation of a vulnerable adult pursuant to Section 843.3 of

Title 21 of the Oklahoma Statutes, shall inherit from the victim of

the offense, or receive any interest in the estate of the victim, or

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; and no beneficiary of

any policy of insurance or certificate of membership issued by any

benevolent association or organization, payable upon the death or

disability of any person, who in like manner takes, causes, or

procures to be taken, the life upon which such policy or certificate

is issued, or who causes or procures a disability of such person, or

who has been convicted of abuse, neglect or exploitation of a

vulnerable adult pursuant to Section 843.3 of Title 21 of the

Oklahoma Statutes, where such deceased or disabled person was the

victim, shall take the proceeds of such policy or certificate; but

in every instance mentioned in this section all benefits that would

accrue to any such person upon the death or disability of the person

whose life is thus taken, or who is thus disabled, shall become

subject to distribution among the other heirs of such deceased

person according to the laws of descent and distribution, in the

case of death, and in case of disability, the benefits thereunder

shall be paid to the disabled person; provided, however, that an

insurance company shall be discharged of all liability under a

policy issued by it upon payment of the proceeds in accordance with

the terms thereof, unless before such payment the company shall have

written notice by or in behalf of some claimant other than the

beneficiary named in the policy that a claim to the proceeds of such

policy will be made by heirs of such deceased under the provisions

of this section.
Okla. Stat. tit. 84, § 84-103 — OK Code / Title 84 / Section 84-103
Effect of alteration or partial erasure
Status: in_force

A revocation by obliteration on the face of the will may be

partial or total, and is complete if the material part is so

obliterated as to show an intention to revoke; but where, in order

to effect a new disposition the testator attempts to revoke a

provision of the will by altering or obliterating it on the face

thereof, such revocation is not valid unless the new disposition is

legally effected. R.L. 1910, Sec. 8360.
Okla. Stat. tit. 84, § 84-215 — OK Code / Title 84 / Section 84-215
Inheritance by and from illegitimate child
Status: in_force

For inheritance purposes, a child born out of wedlock stands in

the same relation to his mother and her kindred, and she and her

kindred to the child, as if that child had been born in wedlock. For

like purposes, every such child stands in identical relation to his

father and his kindred, and the latter and his kindred to the child,

whenever: (a) the father, in writing, signed in the presence of a

competent witness acknowledges himself to be the father of the

child, (b) the father and mother intermarried subsequent to the

child's birth, and the father, after such marriage, acknowledged the

child as his own or adopted him into his family, (c) the father

publicly acknowledged such child as his own, receiving it as such,

with the consent of his wife, if he is married, into his family and

otherwise treating it as if it were a child born in wedlock, or (d)

the father was judicially determined to be such in a paternity

proceeding before a court of competent jurisdiction.

For all purposes, the issue of all marriages null in law, or

dissolved by divorce, are deemed to have been born in wedlock.
Okla. Stat. tit. 84, § 84-112 — OK Code / Title 84 / Section 84-112
When intent to revoke expressed
Status: in_force

If the instrument by which an alteration is made in the

testator's interest in a thing previously disposed of by his will,

expresses his intent that it shall be a revocation, or if it

contains provisions wholly inconsistent with the terms and nature of

the testamentary disposition, it operates as a revocation thereof,

unless such inconsistent provisions depend on a condition or

contingency, by reason of which they do not take effect. R.L. 1910,

Sec. 8369.
Okla. Stat. tit. 84, § 84-104 — OK Code / Title 84 / Section 84-104
Revocation of duplicate will
Status: in_force

The revocation of a will, executed in duplicate, may be made by

revoking one of the duplicates.
Okla. Stat. tit. 84, § 84-102 — OK Code / Title 84 / Section 84-102
Proof of destruction
Status: in_force

When a will is canceled or destroyed by any other person than

the testator, the direction of the testator, and the fact of such

injury or destruction, must be proved by two witnesses. R.L. 1910,

Sec. 8359.
Okla. Stat. tit. 84, § 84-910 — OK Code / Title 84 / Section 84-910
Effective date
Status: in_force

This act applies to the will of a decedent who dies on or after

the effective date of this act.

Oklahoma Statutes - Title 84. Wills and Succession Page 54
Okla. Stat. tit. 84, § 84-852 — OK Code / Title 84 / Section 84-852
Validity of a will
Status: in_force

A. A will is valid as regards form, irrespective particularly

of the place where it is made, of the location of the assets and of

the nationality, domicile, or residence of the testator, if it is

made in the form of an international will complying with the

requirements of the Uniform International Wills Act.

B. The invalidity of the will as an international will does not

affect its formal validity as a will of another kind.

C. The Uniform International Wills Act does not apply to the

form of testamentary dispositions made by two or more persons in one

instrument.
Okla. Stat. tit. 84, § 84-306 — OK Code / Title 84 / Section 84-306
Liability for debts and taxes
Status: in_force

The proceeds of the insurance as received by the trustee or

trustees shall not be subject to debts of the insured nor to

transfer or estate tax to any greater extent than if such proceeds

were payable to the beneficiary or beneficiaries named in the trust

and not to the estate of the insured.
Okla. Stat. tit. 84, § 84-152 — OK Code / Title 84 / Section 84-152
Ascertaining intention
Status: in_force

In case of uncertainty, arising upon the face of a will, as to

the application of any of its provisions, the testator's intention

is to be ascertained form the words of the will, taking into view

the circumstances under which it was made, exclusive of his oral

declarations. R.L. 1910, Sec. 8382.
Okla. Stat. tit. 84, § 84-161 — OK Code / Title 84 / Section 84-161
Technical words
Status: in_force

Technical words in a will are to be taken in their technical

sense unless the context clearly indicates a contrary intention.

R.L. 1910, Sec. 8391.
Okla. Stat. tit. 84, § 84-216 — OK Code / Title 84 / Section 84-216
Inheritance from illegitimate child
Status: in_force

If an illegitimate child, who has not been acknowledged or

adopted by his father, dies intestate, without lawful issue, his

estate goes to his mother, or, in case of her decease, to her heirs

at law. R.L. 1910, Sec. 8421.
Okla. Stat. tit. 84, § 84-4 — OK Code / Title 84 / Section 84-4
Order of resort to property for payment of legacies
Status: in_force

The property of a testator, except as otherwise specially

provided in this code and under civil procedure, must be resorted to

for the payment of legacies in the following order:

1. The property which is expressly appropriated by the will for

the payment of the legacies.

2. Property not disposed of by the will.

3. Property which is devised or bequeathed to a residuary

legatee.

Oklahoma Statutes - Title 84. Wills and Succession Page 5

4. Property which is specifically devised or bequeathed.
Okla. Stat. tit. 84, § 84-218 — OK Code / Title 84 / Section 84-218
Lineal and collateral
Status: in_force

The series of degrees from the line; the series of degrees

between persons who descend one from the other is called direct or

lineal consanguinity; and the series of degrees between persons who

do not descend from one another, but spring from a common ancestor,

is called the collateral line or collateral consanguinity. R.L.

1910, Sec. 8423.
Okla. Stat. tit. 84, § 84-178 — OK Code / Title 84 / Section 84-178
Remaindermen not affected by death of devisee or legatee
Status: in_force

The death of a devisee or legatee of a limited interest, before

the testator's death, does not defeat the interests of persons in

remainder, who survive the testator. R.L. 1910, Sec. 8408.
Okla. Stat. tit. 84, § 84-42 — OK Code / Title 84 / Section 84-42
Right of married woman
Status: in_force

A married woman may dispose of all her separate estate by will,

without the consent of her husband, and may alter or revoke the will

in like manner as if she were single. Her will must be executed and

proved in like manner as other wills.
Okla. Stat. tit. 84, § 84-921 — OK Code / Title 84 / Section 84-921
Retention of electronic record — Original
Status: in_force

A. Except as provided in subsection B of this section, if the

laws of this state require an electronic non-testamentary estate

planning document to be retained, transmitted, copied, or filed, the

requirement is satisfied by retaining, transmitting, copying, or

filing an electronic record that:

1. Accurately reflects the information in the document after it

was first generated in final form as an electronic record or under

Section 22 of this act; and

2. Remains accessible to the extent required by the other law.

B. A requirement under subsection A of this section to retain a

record does not apply to information the sole purpose of which is to

enable the record to be sent, communicated, or received.

C. A person may satisfy the requirements of subsection A of

this section by using the services of another person.

D. If the laws of this state require a non-testamentary estate

planning document to be presented or retained in its original form

or provides consequences if a non-testamentary estate planning

document is not presented or retained in its original form, an

electronic record retained in accordance with subsection A of this

section satisfies such requirement.

E. The provisions of this section do not preclude a

governmental agency from specifying requirements for the retention

of a record subject to the agency’s jurisdiction in addition to the

requirements provided in this section. For the purposes of this

section, “governmental agency” means an executive, legislative, or

judicial agency, department, board, commission, authority,

institution, or instrumentality of the federal government or of a

state or of a county, municipality, or other political subdivision

of a state.
Okla. Stat. tit. 84, § 84-132 — OK Code / Title 84 / Section 84-132
Provision for children unintentionally omitted
Status: in_force

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, and succeeds thereto as provided in the

preceding section. R.L. 1910, Sec. 8372.
Okla. Stat. tit. 84, § 84-224 — OK Code / Title 84 / Section 84-224
Excess not refunded
Status: in_force

If the amount of such advancement exceeds the share of the heir

receiving the same, he must be excluded from any further portion in

the division and distribution of the estate, but he must not be

Oklahoma Statutes - Title 84. Wills and Succession Page 34

required to refund any part of such advancement; and if the amount

so received is less than his share, he is entitled to so much more

as will give him his full share of the estate of the decedent.
Okla. Stat. tit. 84, § 84-185 — OK Code / Title 84 / Section 84-185
Gifts do not reduce legacies
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 28

Advancements or gifts are not to be taken as ademptions of

general legacies, unless such intention is expressed by the testator

in writing. R.L. 1910, Sec. 8415.
Okla. Stat. tit. 84, § 84-853 — OK Code / Title 84 / Section 84-853
Requirements of a will
Status: in_force

A. The will must be made in writing. It need not be written by

the testator him or herself. It may be written in any language, by

hand or by any other means.

B. The testator shall declare in the presence of two witnesses

and of a person authorized to act in connection with international

wills that the document is the will of the testator and that the

testator knows the contents of the will. The testator need not

inform the witnesses, or the authorized person, of the contents of

the will.

C. In the presence of the witnesses, and of the authorized

person, the testator shall sign the will or, if the testator has

previously signed it, shall acknowledge the signature.

D. If the testator is unable to sign, the absence of the

signature of the testator does not affect the validity of the

international will if the testator indicates the reason for the

inability to sign and the authorized person makes note thereof on

the will. In that case, it is permissible for any other person

present, including the authorized person or one of the witnesses, at

the direction of the testator, to sign the name of the testator for

the testator, if the authorized person makes note of this on the

will, but it is not required that any person sign the name of the

testator for the testator.

Oklahoma Statutes - Title 84. Wills and Succession Page 48

E. The witnesses and the authorized person shall there and then

attest the will by signing in the presence of the testator.
Okla. Stat. tit. 84, § 84-903 — OK Code / Title 84 / Section 84-903
Electronic will — Principles of law and equity apply
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 51

An electronic will is a will for all purposes of the laws of

this state. The laws of this state applicable to wills and

principles of equity apply to an electronic will, except as modified

by this act.
Okla. Stat. tit. 84, § 84-156 — OK Code / Title 84 / Section 84-156
Plain devise not affected by other parts of will
Status: in_force

A clear and distinct devise or bequest cannot be affected by any

reasons assigned therefor, or by any other words not equally clear

and distinct, or by inference or argument from other parts of the

will, or by an inaccurate recital of or reference to its contents in

another part of the will. R.L. 1910, Sec. 8386.
Okla. Stat. tit. 84, § 84-167 — OK Code / Title 84 / Section 84-167
Devise of residue of personalty
Status: in_force

A bequest of the residue of the testator's personal property

passes all the personal property which he was entitled to bequeath

at the time of his death not otherwise effectually bequeathed by his

will. R.L. 1910, Sec. 8397.
Okla. Stat. tit. 84, § 84-902 — OK Code / Title 84 / Section 84-902
Definitions
Status: in_force

As used in the Uniform Electronic Estate Planning Documents Act:

1. “Communication technology” means an electronic device or

process that:

a. allows two or more individuals to communicate with

each other simultaneously by sight and sound, or

b. when necessary and consistent with other applicable

law, facilitates communication with a remotely located

individual who has a vision, hearing, or speech

impairment;

2. “Electronic” means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities;

3. “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;

4. “Electronic will” means a will executed electronically in

compliance with subsection A of Section 5 of this act;

5. “Record” means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

6. “Sign” means, with present intent to authenticate or adopt a

record:

a. to execute or adopt a tangible symbol, or

b. to affix to or logically associate with the record an

electronic symbol or process;

7. “State” means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States. The term includes property located within the

reservation of a federally recognized Indian tribe; and

8. “Will” includes a codicil and any testamentary instrument

that merely appoints an executor, revokes or revises another will,

nominates a guardian, or expressly excludes or limits the right of

an individual or class to succeed to property of the decedent

passing by intestate succession.
Okla. Stat. tit. 84, § 84-131 — OK Code / Title 84 / Section 84-131
After-born children not provided for in will
Status: in_force

Whenever a testator has a child born after the making of his

will, either in his lifetime or after his death, and dies leaving

such child unprovided for by any settlement, and neither provided

Oklahoma Statutes - Title 84. Wills and Succession Page 21

for nor in any way mentioned in his will, the child succeeds to the

same portion of the testator's real and personal property that he

would have succeeded to if the testator had died intestate. R.L.

1910, Sec. 8371.
Okla. Stat. tit. 84, § 84-170 — OK Code / Title 84 / Section 84-170
Words referring to survivorship
Status: in_force

Words in a will referring to death or survivorship, simply,

relate to the time of the testator's death, unless possession is

actually postponed, when they must be referred to the time of

possession. R.L. 1910, Sec. 8400.
Okla. Stat. tit. 84, § 84-153 — OK Code / Title 84 / Section 84-153
Rules of this article govern interpretation
Status: in_force

In interpreting a will, subject to the laws of this atate, the

rules prescribed by the following sections of this article are to be

observed, unless an intention to the contrary clearly appears.
Okla. Stat. tit. 84, § 84-12 — OK Code / Title 84 / Section 84-12
Legacies due, when - Annuities
Status: in_force

Legacies are due and deliverable at the expiration of one (1)

year after the testator's decease. Annuities commence at the

testator's decease.
Okla. Stat. tit. 84, § 84-109 — OK Code / Title 84 / Section 84-109
Effect of sale of devised property
Status: in_force

An agreement made by a testator, for the sale or transfer of

property disposed of by will previously made, does not revoke such

disposal; but the property passes by the will, subject to the same

remedies on the testator's agreement, for a specific performance or

otherwise, against the devisees or legatees, as might be had against

the testator's successors, if the same had passed by succession.

R.L. 1910, Sec. 8366.
Okla. Stat. tit. 84, § 84-229 — OK Code / Title 84 / Section 84-229
Aliens may take
Status: in_force

Aliens may take in all cases, by succession, as well as

citizens; and no person, capable of succeeding under the provisions

of this article, is precluded from such succession by reason of the

alienage of any relative.
Okla. Stat. tit. 84, § 84-920 — OK Code / Title 84 / Section 84-920
Witnessing and attestation
Status: in_force

Oklahoma Statutes - Title 84. Wills and Succession Page 58

A. If the laws of this state base the validity of a non-

testamentary estate planning document on whether it is signed,

witnessed, or attested by another individual, the signature,

witnessing, or attestation of that individual may be electronic.

B. For the purposes of this subsection, “electronic presence”

means that two or more individuals in different locations are able

to communicate in real time to the same extent as if the individuals

were physically present in the same location. If the laws of this

state base the validity of a non-testamentary estate planning

document on whether it is signed, witnessed, or attested by another

individual in the presence of the individual signing the document,

the presence requirement shall be satisfied if the individuals are

in each other’s electronic presence.
Okla. Stat. tit. 84, § 84-905 — OK Code / Title 84 / Section 84-905
Electronic will requirements
Status: in_force

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.

B. Intent of a testator that the record under paragraph 1 of

subsection A of this section be the testator’s electronic will may

be established by extrinsic evidence.
Okla. Stat. tit. 84, § 84-221 — OK Code / Title 84 / Section 84-221
Collateral degrees, how reckoned
Status: in_force

In the collateral line the degrees are counted by generations,

from one of the relations up to the common ancestor, and from the

common ancestor to the other relations. In such computation the

decedent is excluded, the relative included, and the ancestor

counted but once. Thus brothers are related in the second degree,

uncle and nephew in the third degree, cousins german in the fourth

degree, and so on. R.L. 1910, Sec. 8426.
Okla. Stat. tit. 84, § 84-854 — OK Code / Title 84 / Section 84-854
Signature, date, and declaration
Status: in_force

A. The signatures must be placed at the end of the will. If

the will consists of several sheets, each sheet must be signed by

the testator or, if the testator is unable to sign, by the person

signing on behalf of the testator or, if there is no such person, by

the authorized person. In addition, each sheet must be numbered.

B. The date of the will must be the date of its signature by

the authorized person. The date must be noted at the end of the

will by the authorized person.

C. The authorized person shall ask the testator whether the

testator wishes to make a declaration concerning the safekeeping of

the will. If so and at the express request of the testator, the

place where the testator intends to have the will kept must be

mentioned in the certificate provided for in Section 6 of this act.

D. A will executed in compliance with Section 4 of this act is

not invalid merely because it does not comply with this section.
Okla. Stat. tit. 84, § 84-304 — OK Code / Title 84 / Section 84-304
Citation
Status: in_force

This act may be cited as the Uniform Testamentary Additions to

Trusts Act.
Okla. Stat. tit. 84, § 84-7 — OK Code / Title 84 / Section 84-7
Title and possession - Representative may sell property
Status: in_force

devised.

In a specific devise or legacy, the title passes by the will,

but possession can only be obtained from the personal

representative; and he may be authorized by the district court to

sell the property devised or bequeathed, in the cases herein

provided.
Okla. Stat. tit. 84, § 84-83 — OK Code / Title 84 / Section 84-83
Duty of judge having will on deposit after testator's
Status: in_force

death.

The judge of the district court with whom a will is deposited,

or to whom it is delivered, must, after the death of the testator,

publicly open and examine the will and file in his office, there to

remain until duly proved, or to deliver it to the judge of the

district court having jurisdiction of its probate.
Okla. Stat. tit. 84, § 84-163 — OK Code / Title 84 / Section 84-163
Words of inheritance not necessary
Status: in_force

The term "heirs," or other words of inheritance, are not

requisite to devise a fee, and a devise of real property passes all

the estate of the testator, unless otherwise limited. R.L. 1910,

Sec. 8393.
Okla. Stat. tit. 84, § 84-15 — OK Code / Title 84 / Section 84-15
Testator's intention as to executor
Status: in_force

Where it appears by the terms of a will that it was the

intention of the testator to commit the execution thereof and the

administration of his estate to any person as executor, such person

although not named executor, is entitled to letters testamentary in

like manner as if he had been named executor. R.L. 1910, Sec. 8331.
Okla. Stat. tit. 84, § 84-3 — OK Code / Title 84 / Section 84-3
Order of resort to property for payment of debts,
Status: in_force

administration expenses and allowances.

The property of a testator, except as otherwise especially

provided in this code and in the chapter on civil procedure must be

resorted to for the payment of debts in the following order:

1. The property which is expressly appropriated by the will for

the payment of the debts.

2. Property not disposed of by the will.

3. Property which is devised or bequeathed to a residuary

legatee.

4. Property which is not specifically devised or bequeathed,

and,

5. All other property ratably. Before any debts are paid, the

expenses of the administration and the allowance to the family must

be paid or provided for.
Okla. Stat. tit. 84, § 84-9 — OK Code / Title 84 / Section 84-9
Succession to limited legacies - Inventory of property
Status: in_force

Where specific legacies are for life only, the first legatees

must sign and deliver to the second legatee, or, if there is none,

to the personal representative, an inventory of the property,

expressing that the same is in his custody for life only, and that,

on his decease, it is to be delivered and to remain to the use and

for the benefit of the second legatee, or to the personal

representative as the case may be.
Okla. Stat. tit. 84, § 84-926 — OK Code / Title 84 / Section 84-926
Application to electronic non-testamentary estate planning
Status: in_force

documents.

This act shall apply to an electronic non-testamentary estate

planning document created, signed, generated, sent, communicated,

received, or stored prior to, on, or after the effective date of

this act.
Okla. Stat. tit. 84, § 84-46 — OK Code / Title 84 / Section 84-46
Nuncupative wills - Requisites
Status: in_force

To make a nuncupative will valid, and to entitle it to be

admitted to probate, the following requisites must be observed:

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.
Okla. Stat. tit. 84, § 84-158 — OK Code / Title 84 / Section 84-158
Words taken in ordinary sense
Status: in_force

The words of a will are to be taken in their ordinary and

grammatical sense unless a clear intention to use them in another

sense can be collected, and that other can be ascertained. R.L.

1910, Sec. 8388.