Wills

A will is the most basic — and most important — legal document most people will ever need. It is your voice when you can no longer speak. It tells the world who should receive your property, who should raise your children, and who you trust to carry out your final wishes.

Despite its importance, more than half of American adults do not have a will. And among those who do, many have documents that are outdated, improperly executed, or dangerously vague. In Oklahoma, the consequences of dying without a valid will — or with a flawed one — can be devastating for the people you leave behind.

What Your Will Should Include

A well-drafted will covers several critical decisions. Each one deserves careful thought and precise language.

Property distribution. Your will specifies who inherits your assets — real estate, bank accounts, investments, personal property, vehicles, and everything else you own. You can divide your estate by percentages, make specific gifts of particular items, or create conditional distributions that depend on future events.

The key is specificity. Vague language like “I leave everything to my children equally” may seem clear, but it creates questions when applied to real property, family heirlooms, or assets that cannot be easily divided. I draft wills with language that anticipates these practical challenges.

Guardian designations. If you have minor children, your will is the only legal document where you can name the people who will raise them if something happens to you and the other parent. Without a will, a judge — someone who has never met your family — makes this decision.

You should also name alternate guardians in case your first choice is unable or unwilling to serve. Think beyond who you would choose today and consider who would be the best choice years from now.

Personal representative appointment. Your will names the person responsible for managing your estate through the probate process — collecting assets, paying debts, filing tax returns, and distributing property to beneficiaries. This person should be trustworthy, organized, and capable of handling financial responsibility.

Specific bequests. If you want particular items to go to particular people — a family ring to a granddaughter, a vehicle to a friend, a charitable gift to an organization — your will is where those wishes are documented. Without specific bequests, personal property is often the source of family disputes.

Types of Wills in Oklahoma

Oklahoma law recognizes several types of wills, each with different requirements and uses.

Formal (Attested) Wills

This is the standard will — a typed or printed document signed by the testator in the presence of at least two witnesses, who also sign. This is the most reliable type of will and the one I recommend for nearly every client.

When combined with a notarized self-proving affidavit, a formal will can be admitted to probate without requiring the witnesses to testify in court. This saves time and simplifies the probate process.

Holographic (Handwritten) Wills

Oklahoma recognizes holographic wills — wills written entirely in the testator’s own handwriting and signed by the testator. No witnesses are required. While legally valid, holographic wills are inherently risky. They are more easily challenged, often contain ambiguous language, and may omit important provisions that a professionally drafted will would include.

I have seen families spend thousands of dollars litigating the meaning of a handwritten will. The cost of preparing a proper will is a fraction of what families pay when a handwritten one creates disputes.

Pour-Over Wills

A pour-over will works in conjunction with a revocable living trust. It directs that any assets not already in the trust at the time of your death should be transferred — or “poured over” — into the trust. The trust then controls how those assets are distributed.

Pour-over wills serve as a safety net, catching any assets that were missed during the trust-funding process. They also name guardians for minor children, which is something a trust alone cannot do.

Oklahoma’s Execution Requirements

Oklahoma has specific requirements for valid will execution. Failing to follow them can invalidate your entire will — regardless of how clearly it expresses your wishes.

• Writing. The will must be in writing (typed, printed, or handwritten for holographic wills)
• Signature. The testator must sign the will, or someone else must sign at the testator’s direction and in their conscious presence
• Witnesses. At least two witnesses must see the testator sign (or acknowledge their signature) and must sign the will themselves
• Capacity. The testator must be at least 18 years old and of sound mind — meaning they understand what property they own, who their natural beneficiaries are, and what the will does
• Voluntariness. The will must be made voluntarily, without undue influence, duress, or fraud

The self-proving affidavit — a notarized statement by the witnesses confirming they watched the testator sign voluntarily — is not required but is strongly recommended. Without it, the witnesses may need to testify in court during probate, which can cause delays if they are difficult to locate.

This is one of the most compelling reasons to work with an attorney rather than using a DIY will kit. An attorney ensures every formality is met, every signature is in the right place, and the document will hold up in court.

Updating and Revoking Your Will

A will is not a one-time document. Your life changes, and your will should change with it.

You should review and potentially update your will after any significant life event:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary, executor, or guardian
• Significant acquisition or sale of property
• Move to a new state
• Changes in your relationships or wishes

Oklahoma allows you to update your will through a codicil — a formal, witnessed amendment that modifies specific provisions while leaving the rest intact. However, multiple codicils can create confusion and increase the risk of contradictions. In most cases, I recommend executing a new will that expressly revokes all prior wills and codicils.

A will can also be revoked by physically destroying it (tearing, burning, or obliterating it) with the intent to revoke, or by executing a subsequent will that includes a revocation clause. Informal deletions — such as crossing out a provision — may or may not be effective depending on the circumstances, and should be avoided.

Common Mistakes That Invalidate Wills

In my practice, I see the same preventable mistakes repeatedly. Each one can render a will partially or entirely ineffective:

• Failing to sign in front of witnesses — Even a perfectly drafted will is invalid if not properly witnessed
• Using interested witnesses — A witness who is also a beneficiary under the will creates problems under Oklahoma law
• Ambiguous language — “I leave my property to my kids” sounds simple but creates real questions when there are stepchildren, adopted children, or predeceased children
• Failing to account for all assets — A will that only addresses certain property leaves the rest to be distributed under Oklahoma’s intestacy rules
• Not updating after major life events — A will that names an ex-spouse as beneficiary or executor creates exactly the outcome you did not intend
• Improper storage — A will that cannot be found after your death may as well not exist. The original signed will is what the court needs