Oklahoma Last Will and Testament

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Oklahoma Last Will and Testament

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Last updated May 14th, 2026

An Oklahoma last will and testament allows an individual to define how their real and personal property will be distributed when they pass. It names the beneficiaries and appoints an executor to probate the estate. Wills also appoint guardians for the decedent’s children should the testator pass away before they reach adulthood.

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An Oklahoma last will and testament allows an individual to define how their real and personal property will be distributed when they pass. It names the beneficiaries and appoints an executor to probate the estate. Wills also appoint guardians for the decedent’s children should the testator pass away before they reach adulthood.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses (no witnesses required if handwritten by testator).[2]
  • How to Revoke – Drafting a new will or revocatory statement, or destruction of the original.[3]

Probate in Oklahoma

Petition for Probate of Will

First, the person named as executor needs to obtain a hearing date by filing the following with the district court[4]:

  • Last Will and Testament
  • Petition for Probate of Will

The petitioner must notify interested parties and obtain an Order Admitting Will to Probate at the hearing.[5] Letters Testamentary are issued after the petitioner posts bond, appointing them as executor.[6] They must file a Statement of Claims, Inventory, and Notice to Creditors, then publish the Notice, send it to creditors, and file proofs of notice.[7] 

After resolving estate debts, the executor must file a Petition for Final Accounting with the court, obtain a court date, and again notify interested parties.[8] At the hearing, the executor must provide an accounting of the estate and list of creditors.[9] If approved, the court will issue a Decree of Distribution, authorizing the executor to distribute assets.[10] 

Small Estates

For estates worth $50,000 or less, the decedent’s successors can use a Small Estate Affidavit to collect property without probate.[11]

Sources

  1. § 84-41(A)
  2. §§ 84-55, 84-54
  3. § 84-101
  4. § 58-22, 58-21
  5. §§ 58-25, 58-26, Basic Probate Procedures
  6. § 58-171
  7. §§ 58-281(A), 58-353, 58-331, 58-331.2
  8. §§ 58-612, 58-634, 58-553
  9. § 58-541
  10. § 58-631
  11. § 58-393(A)