Oklahoma State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Oklahoma Statutes Annotated
Probate jurisdiction rests with the District Court
Probate laws are primarily under Title 58

Minimum age requirement to:

Distribute property by will: 18 (Section 84-41)
Which minor gets property: 18 to 21

Holographic will recognized (Section 84-55)

State taxes:

Estate tax: Up to 15% but not less than the federal credit for state death taxes (Section 68-803)
State gift tax:Inheritance tax: No inheritance tax (Section 68-803)
- No state gift tax (Section 68-803)
- Anatomical Gift Act (Section 63-2201 to 63-2209)
Inheritance tax: No inheritance tax (Section 68-803)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 84-213)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - If you had one child, then one-half (1/2) to your surviving spouse and the other one-half (1/2) to the child or their child
  - If had more than one child, then one-third (1/3) to your surviving spouse and the other two-thirds (2/3) to your children or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - All jointly acquired property during the marriage to the spouse, and
    - All of the other property is, split equally among the surviving children or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - One-half (1/2) of your estate to your spouse, and
      - The other one-half (1/2) to the surviving parent
    - No children, but at least one of your parents survives you:
      - One-half (1/2) of your estate to your spouse, and
      - The other one-half (1/2) to the surviving parent
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) split equally or to their children according to their per stirpes share. If none, then one-half (1/2) to maternal grandparents and the other one-half (1/2) to paternal grandparents. If none, then to your next of kin

Who must be named as a beneficiary in your will:

Surviving spouse (Section 84-131), andChildren, born or adopted (Section 84-131)
- Surviving spouse must be given either:
  - If there are no children, then the surviving spouse gets one-half (1/2) of your estate; see statute for details (Section 84-44)
  - If there are children, then the surviving spouse gets one-third (1/3) of your estate; see statute for details (Section 84-44)
Children, born or adopted (Section 84-131)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced spouse (Section 84-114)
You get married without changing your will that does not provide for your new spouse:
- If a child is later born into the marriage, then the will is revoked (Section 84-131)

Out of state executors: Must appoint an in-state agent to accept legal papers (Section 58-162)

Witnesses:

Minimum number of witnesses required: Two (Section 84-55)
Are witnesses allowed to be beneficiaries?: Yes; however, any beneficiary named in the will who is also a witness, then the portion of the will to the witness beneficiary will be void above any amount the witness beneficiary is entitled to under state intestate law, unless there are two other disinterested witnesses (Section 84-143 and 84-144)
Requirements to be a witness, witnesses must:
- be an adult, and
- not be entitled to anything in your will or operation of law

Property ownership (Section 60-74):

Common law state
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is recognized in this state
Tenancy in common and joint tenancy are recognized, but rights of survivorship must be expressly and clearly stated

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 84-55)
Living will: Part 1 of the Advance Directive for Health Care (Section 63-3101-4) requires a determination by two physicians that you are persistently unconscious or suffering from a terminal condition and the Directive is to be given to the doctor and there is no reasonable possibility that you will regain the ability to make your own health care decisions
Appointment of Health Care Proxy is Part 2 of the Advance Directive for Health Care (Section 63-3101.4)
Durable Power of Attorney (Sections 15-1001 to 15-1020)