There are several different types of wills that are valid under Oklahoma law. Creating a valid will is one of the most important steps you can take to ensure your property passes according to your wishes after your death. Understanding which types of wills are valid in Oklahoma can help you make informed decisions about your estate planning.

Formal (Attested) Wills

A formal will, also called an attested will, is the most common type of will used in Oklahoma. This will is written, signed by the person making the will (called the “testator”), and witnessed by two competent adults. To be valid in Oklahoma, a formal will must meet the following requirements:

• The testator must be at least 18 years old and of sound mind.
• The will must be in writing.
• The testator must sign the will (or direct someone to sign it in their presence).
• Two witnesses must sign the will in the testator’s presence.

Many formal wills also include a self-proving affidavit, signed by the testator and witnesses in front of a notary. This affidavit makes the will easier to admit into probate, as it removes the need for the witnesses to appear in court.

Holographic Wills

Oklahoma is one of the few states that recognizes holographic wills. These are wills that are entirely handwritten and signed by the testator, without the need for witnesses.

To be valid, a holographic will must:

• Be entirely in the testator’s handwriting.
• Clearly express testamentary intent (i.e., the intent to dispose of property after death).
• Be dated and signed by the testator.

Although holographic wills can be legally valid, they are more likely to face challenges during probate—especially if there are disputes over handwriting or authenticity. For this reason, they are best used in emergencies or when a formal will cannot be drafted.

Nuncupative Wills (Oral Wills)

Nuncupative wills, or oral wills, are generally not recognized in Oklahoma, except in extremely limited circumstances. The state allows a person who is in imminent peril of death to make an oral will, but only for personal property and only up to $1,000 in value.

Even then, the law requires:

• Two witnesses to hear the oral will.
• The will to go into writing within 10 days.
• The testator to die from the illness or injury that caused the declaration.

Because of these strict requirements, nuncupative wills are rare and courts don’t typically uphold them.

Reciprocal or Joint Wills

Oklahoma allows spouses or partners to create reciprocal or joint wills, which mirror each other’s wishes. For example, one spouse leaves everything to the other, and the second spouse does the same.

While valid, these types of wills can cause complications after one spouse dies. Unless clearly stated otherwise, a surviving spouse can revoke their own will and create a new one. If the parties intend the wills to be contractual (i.e., binding even after one spouse dies), that intent must be explicit.

Pour-Over Wills

A pour-over will works alongside a revocable living trust. Instead of listing individual gifts, it directs any remaining assets to go into the trust upon the testator’s death.

In Oklahoma, pour-over wills are valid and common as part of an estate plan to ensure consistency between all property—even if you mistakenly leave an asset out of the trust.

Choosing the Right Will in Oklahoma

The type of will you need depends on your goals, family situation, and assets. For most people in Oklahoma, a formal, witnessed will offers the strongest legal protection. A holographic will may suffice in an emergency, but a formal will is better when possible.

Working with an estate planning attorney ensures your will meets all Oklahoma legal requirements and reflects your wishes accurately.

Wagoner Estate Planning Attorneys

We help clients prepare wills and other estate planning documents that comply with state law and protect their families’ futures. Whether you need to create a new will or update an existing one, we’re here to guide you every step of the way. Call our team of probate and estate planning attorneys at Kania Law – Wagoner Attorneys at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.