Having to prove a will is valid can be a complex process. This process—called “probating the will”—ensures that the decedent’s wishes are honored and that the document meets all legal requirements under Oklahoma law. If you are preparing to probate a will or anticipate a challenge, understanding how to prove a will’s validity is essential.
1. File the Will With the Probate Court
The first step begins by filing the original will with the district court in the county where the deceased lived. This filing typically occurs alongside a petition for probate, which asks the court to recognize the will and appoint a personal representative (also called an executor).
You must file the will promptly after the person’s death. Failing to file can create complications, including legal challenges or delay in estate administration.
2. Show the Will Meets Oklahoma’s Legal Requirements
To be valid in Oklahoma, a will must meet several basic legal standards. The person who made the will (the testator) must have:
- Been at least 18 years old and of sound mind.
- Signed the will voluntarily, without coercion.
- Signed the will in the presence of at least two competent witnesses, who also signed the will.
If the will is holographic—meaning it is handwritten and signed by the testator—it may not require witnesses, but it must be entirely in the testator’s handwriting and clearly show intent to distribute property.
3. Provide Witness Testimony (If Required)
If the will is not self-proving, at least one witness must testify in court to confirm that the testator signed the will properly and appeared to be of sound mind. If the witness cannot appear, the court may accept a sworn affidavit or other evidence to verify the will’s authenticity.
4. Submit a Self-Proving Affidavit (If Available)
Many wills in Oklahoma include a self-proving affidavit, a notarized statement signed by the testator and witnesses at the time the will was executed. This affidavit eliminates the need to call witnesses into court later, as it serves as strong evidence to prove that the will is valid.
If the will includes a self-proving affidavit, the probate process typically moves more quickly and with less courtroom testimony.
5. Address Any Will Contests or Objections
During probate, interested parties (such as heirs or beneficiaries) may object to the will’s validity. Common reasons include allegations of:
- Lack of testamentary capacity (the testator wasn’t of sound mind).
- Undue influence by another person.
- Fraud or forgery.
- Improper execution (such as missing witness signatures).
The person offering the will for probate must defend it against such challenges. The court may hold hearings and consider witness testimony, expert evaluations, or other evidence to determine whether the will is valid. If so, the court will issue an order admitting the will to probate and officially appoint the personal representative.
Wagoner Probate Attorneys
Trying to prove a will is valid can be straightforward—or highly contested. If you are navigating the probate process in Oklahoma, working with a skilled attorney can help you avoid mistakes, reduce conflict, and protect the estate. 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.
