Oklahoma

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

84 §41, et seq.

Operative Facts

1. Must be at least 18 years old
2. must be of sound mind
3. document must be signed by declarant
4. witnessed by 2 adults
5. in substantially the same form as §3103.4(C)
6. operative when communicated to attending physician and when declarant can no longer make decisions regarding the administration of life-sustaining treatment not operative during course of pregnancy unless patient in her own words specifically authorizes it

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Two attesting witnesses signed in presence of testator at end of the will.

Oral Will Recognition

Valid with following requirements: (1) no more than $1000; (2) must be proved by two witnesses present at making, one of whom was asked by testator to bear witness as such; (3) testator must have been in actual military service in field or duty at sea and in actual contemplation, fear, or peril of death or testator must have been in expectation of immediate death from injury received same day.

Holographic Will Recognition

Must be entirely written, dated, and signed by testators' hand; need not be witnessed.