To make a valid will under Oklahoma law, the will must be:
- In writing;
- Signed by the testator;
- Witnessed by two witnesses.
The requirements to make a valid will under Oklahoma law are found at Oklahoma Statutes § 84-55.
Who Can Make a Valid Will In Oklahoma?
Under Oklahoma law, every person over the age of eighteen (18) years of sound mind, may make a will. Oklahoma Statutes § 84-41.
To be of sound mind, Oklahoma law says that the testator must understand, in a general way:
- The quality and quantity of his or her property;
- The natural objects of his or her bounty; and,
- The legal effect of signing the will.
An Oklahoma Will Must Be Signed By the Testator
The first requirement to make an Oklahoma will valid is that the testator must sign the will at the end, OR some person, in the testator’s presence and at his direction, must sign his name to the will.
The testator must sign the will in the presence of the attesting witnesses, or acknowledged by the testator to them, to have been made by him or his authority.
The testator must, at the time of subscribing the will or acknowledging same, declare to the attesting witnesses that the instrument is his will. Oklahoma Statutes § 84-55.
An Oklahoma Will Must Have Two Witnesses
Another requirement to make a valid will under Oklahoma law is the presence of two witnesses who witness the testator sign or acknowledge his signature on the will.
The two witnesses must each also sign his or her name as a witness at the end of the will at the testator’s request and in the testator’s presence. Oklahoma Statutes § 84-55.
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. Oklahoma Statutes § 84-56.
Does an Oklahoma Will Have To Be Notarized To Be Valid?
No, there is no requirement under Oklahoma law to notarize your will to make the will valid.
Oklahoma law does allow a testator to make a will self-proving. Making a will self-proving makes the testimony of the witnesses to the will in the probate thereof unnecessary. Signing a self-proving affidavit is done in front of a notary. The form for a self-proving affidavit is found at Oklahoma Statutes § 84-55, and should be substantially followed.
The best way to make sure that you have executed your will properly under Oklahoma law is to work with an Oklahoma probate lawyer who can make sure that the will is valid, carries out your wishes, and is executed in compliance with the law.
