Create an Oklahoma Last Will and Testament with our customizable template!
In Oklahoma, a Last Will and Testament is a legal document that a Testator (the person creating the Will) can create that delegates exactly what their wishes are in regard to their property and other assets. This document allows a Testator to legally pass their belongings, money, property, and whatever else they choose to family, charity, a spouse, their children, or anyone else they choose. In Oklahoma, this becomes a legal document once it is signed by the Testator and two witnesses. The signatures of the witnesses help ensure that the Testator creates the document because they want to do so and not because they were forced to do so. Once created and executed, the document should be kept in a location that is both safe and easily accessed, such as with the Testator’s attorney or a trusted friend or family member.
Definition of Will - 84 OK §19
Laws - Title 84 Wills and Succession
Witnesses - According to 84 OK Stat §84-55, the Will must be signed by two (2) witnesses in the presence of the Testator.
Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your gender.
Step 2 - Provide your city and county of residence.
Step 3 - Select your marital status from one of the following choices:
If you are not single, provide the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, provide that information here.
Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, list the names of pets. Finally, provide information about any life insurance policies.
Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Then, list the age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name someone to act as Executor. If you don’t, the probate court will appoint someone. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets when you die. You may wish to also appoint an alternate Trustee. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, you need to appoint a guardian and an alternate guardian to care for them if you die. Provide the following information for the guardian and alternate guardian as well as for a conservator if you’d like to appoint one:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that when you sign your will that you must do so with two witnesses who also sign the will. Once this is done, keep the will somewhere that is safe.
In the State of Oklahoma, a legal will allows you to determine the outcome of your assets, establish guardianship of minors, and provide charitable donations upon your death. Creating a will is an important part of the estate planning process. In Oklahoma, you can leave property to anyone you’d like.
Although a last will and testament is not legally required according to Oklahoma law, there are many benefits to having one in place.
Without a will in place, intestacy laws will become enacted. This means that the Oklahoma probate courts will decide what happens to your estate upon. With no will in place, a surviving spouse or children will inherit everything. If there is both a surviving spouse and children and the children are shared with the spouse, the spouse still inherits everything. If there are children from a different relationship, the estate will be split between the spouse and other children. If there are a surviving spouse and parents, the spouse would inherit any jointly owned property plus one-third of the estate with the rest going to the surviving parents. If there is no spouse, children, or parents, the courts will determine the next closest relative to inherit the estate. If no relative can be found, the State of Oklahoma becomes the beneficiary of the estate.
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