reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-26. Disposition of interest disclaimed.

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.
Added by Laws 1973, c. 158, § 5.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-27. Uniform Fraudulent Conveyance Act not abrogated - Bar on right 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 disclaimer, as herein provided, bars the right otherwise hereby conferred on such beneficiary to disclaim as to such interest.
Added by Laws 1973, c. 158, § 6.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-28. Spendthrift provisions - Binding effect of disclaimer - 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.
Added by Laws 1973, c. 158, § 7.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-29. Other rights not abridged.

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.
Added by Laws 1973, c. 158, § 8.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-30. Interest not fixed or finally ascertained - Right to 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.
Added by Laws 1973, c. 158, § 9.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-31. Disclaimer of interest in trust - Conditions.

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 the right presently existing of a trustee or beneficiary to disclaim interest in trust.
Added by Laws 1982, c. 368, § 3, operative July 1, 1982.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-41. Persons who may make a will - Persons subject to 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; Laws 1992, c. 395, § 13, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-43. Duress, menace, fraud, or undue influence - Revocation.

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.
R.L.1910, § 8340.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-46. Nuncupative wills - Requisites.

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.
R.L.1910, § 8343.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-56. Method of witnessing a will.

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 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.
R.L.1910, § 8349.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-71. Law of place governs execution or revocation.

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.
R.L.1910, § 8351.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-73. Change of domicile does not affect will.

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.
R.L.1910, § 8353.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-81. Wills deposited with judge of the district court.

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.
R.L.1910, § 8354.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-82. Delivery of deposited will.

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.
R.L.1910, § 8355.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-83. Duty of judge having will on deposit after testator's 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.
R.L.1910, § 8356.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-101. Revocation of wills.

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.
R.L.1910, § 8358.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-103. Effect of alteration or partial erasure

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.
R.L.1910, § 8361.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-105. Revocation by subsequent will.

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.
R.L.1910, § 8362.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-106. Revocation of subsequent will.

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.
R.L.1910, § 8363.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-109. Effect of sale of devised property.

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.
R.L.1910, § 8366.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-110. Encumbrance not a revocation.

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 estate which was previously executed, but the devise and legacies therein contained must pass subject to such charge or encumbrance.
R.L.1910, § 8367.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-111. Partial disposal not a revocation.

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.
R.L.1910, § 8368.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-112. When intent to revoke expressed.

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.
R.L.1910, § 8369.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-114. Divorce or annulment as revoking will.

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.
Amended by Laws 1987, c. 201, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-131. After-born children not provided for in will.

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 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.
R.L.1910, § 8371.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-132. Provision for children unintentionally omitted.

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.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-133. How provision made as to child born after or omitted from 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.
R.L.1910, § 8373.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-134. Advancements cover rights.

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.
R.L.1910, § 8374.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-141. Devise of land gives all estator's estate.

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.
R.L.1910, § 8375.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-142. Death of devisee or legatee before testator - Rights of descendants.

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.
R.L.1910, § 8376; Laws 1945, p. 414, § 1.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-143. Gift to witness void - Exception.

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.
R.L.1910, § 8377.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-144. Witness entitled without will.

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.
R.L.1910, § 8378.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-145. Subsequent incompetency of witnesses immaterial.

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.
R.L.1910, § 8379.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-146. Property acquired after will.

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.
R.L.1910, § 8380.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-152. Ascertaining intention.

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.
R.L.1910, § 8382.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-155. Irreconcilable parts.

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.
R.L.1910, § 8385.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-156. Plain devise not affected by other parts of will.

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.
R.L.1910, § 8386.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-165. General disposition includes what.

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 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.
R.L.1910, § 8395.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-166. Devise of residue of real estate.

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.
R.L.1910, § 8396.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-167. Devise of residue of personalty.

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.
R.L.1910, § 8397.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-168. Effect of certain terms as "heirs," "relations," etc.

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.
R.L.1910, § 8398.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-169. When terms "heirs," "relations," etc. construed as words 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.
R.L.1910, § 8399.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-170. Words referring to survivorship.

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.
R.L.1910, § 8400.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-171. Disposition to class includes all.

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.
R.L.1910, § 8401.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-173. Unborn child included in class, when.

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.
R.L.1910, § 8403.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-174. Errors corrected, how.

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.
R.L.1910, § 8404.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-177. Death of devisee or legatee causes failure.

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.
R.L.1910, § 8407. R.L.1910, § 8407.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-178. Remaindermen not affected by death of devisee or legatee.

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.
R.L.1910, § 8334.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-181. Condition precedent must be fulfilled - Exception.

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.
R.L.1910, § 8334.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-186. Unlimited marital deduction - Interpretation of will.

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.
Added by Laws 1982, c. 368, § 1, emerg. eff. July 14, 1982. Amended by Laws 1983, c. 123, § 2, emerg. eff. May 17, 1983.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-212. Property of intestate passes to heirs subject to control 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.
R.L.1910, § 8417.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-215. Inheritance by and from illegitimate child.

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.
R.L.1910, § 8420; Laws 1977, c. 36, § 1, eff. Oct. 1, 1977.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-218. Lineal and collateral.

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.
R.L.1910, § 8423.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-219. Ascending and descending lines.

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.
R.L.1910, § 8424.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-220. Degrees in direct line.

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.
R.L.1910, § 8425.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-221. Collateral degrees, how reckoned.

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.
R.L.1910, § 8426.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-222. Kindred of the half-blood.

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.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-223. Advancements.

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.
R.L.1910, § 8428.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-224. Excess not refunded.

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 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.
R.L.1910, § 8429.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-226. Expressed value of advancement governs.

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.
R.L.1910, § 8431.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-227. Representation in advancements.

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.
R.L.1910, § 8432. R.L.1910, § 8432.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-231. Offenses precluding a person from inheriting or benefiting 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.
Added by Laws 1915, c. 136, § 1. Amended by Laws 1963, c. 309, § 1, emerg. eff. June 19, 1963; Laws 1975, c. 356, § 1, emerg. eff. June 12, 1975; Laws 1994, c. 313, § 9, eff. Sept. 1, 1994; Laws 2015, c. 27, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-232. Automobiles - Surviving spouse's rights.

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.
Added by Laws 1953, p. 253, § 1.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-251. Proceedings authorized - Jurisdiction - Final 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.
Laws 1919, c. 25, p. 41, § 1.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-252. Petition - Contents.

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 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.
Laws 1919, c. 25, p. 41, § 2.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-253. Hearing, process and service.

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.
Laws 1919, c. 25, p. 41, Sec. 3.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-254. Trial and judgment - Rehearings.

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 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.
Laws 1919, c. 25, p. 42, § 4.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-256. Remedies cumulative.

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.
Laws 1919, c. 25, p. 42, § 6.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-258. Judgment.

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.
Added by Laws 1919, c. 261, p. 372, § 2.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-259. Conclusiveness of judgment.

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.
Laws 1919, c. 261, p. 372, § 3.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-260. Service by publication - Mailing notice to persons named 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.
Laws 1919, c. 261, p. 372, § 4; Laws 1945, p. 414, § 1; Laws 1965, c. 26, § 1, emerg. eff. Feb. 26, 1965.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-261. Proof of service.

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.
Laws 1919, c. 261, p. 373, § 5.
2023 Oklahoma Statutes › Title 84. Wills and Succession › §84-271. Conditions of escheat.

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.
R.L.1910, § 8436; Laws 2005, c. 421, § 2, emerg. eff. June 6, 2005.