Is An Online Will Legally Valid in Oklahoma?
Oklahoma treats an online will the same as any other, assuming you've executed it correctly. Here's what that involves. Not to worry, FeedingBird is here to support you every step of the way and makes sure you don't miss any of these steps.
What Makes an Online Will Legally Valid in Oklahoma?
Online wills are legal in Oklahoma, but electronic wills aren't currently accepted as part of the state's framework, so the document must be printed on paper. It must be signed at the end by the person stating their wishes (the testator), who must also declare to two witnesses that the document is their will, a formality Oklahoma requires that many states don't. You don’t need notarization to make it legal, unless you want to make the will self proving.
Oklahoma recognizes holographic, or handwritten, wills with no witnesses required, as long as the entire document is written, dated, and signed in the testator's own hand. That said, holographic wills face stricter scrutiny in Oklahoma probate court because there are no witnesses to speak to the testator's intent or capacity.
What You Need to Know about Online Wills in Oklahoma
Estate laws are known for being complex and containing subtle nuances that can’t be applied from state to state. It's important to ensure your online will is structured correctly if you’re hoping to avoid a long, overwhelming court process.
Oklahoma Property Laws
Oklahoma isn't a community property state, but it distinguishes between property acquired by joint industry of the spouses during the marriage and property either spouse owned separately, which matters more for intestate succession than for a properly executed will.
Oklahoma Probate
All wills go through probate in Oklahoma unless the personal property is valued at $50,000 or less, in which case you may qualify for a Small Estates Affidavit. Estates under $200,000 can use faster summary administration. Otherwise, a trust is needed to avoid probate.
Avoiding Probate in Oklahoma
- Put your assets in a revocable living trust for greater control over assets and the ability to name a successor trustee who will manage distributing your assets after your death.
- Name beneficiary designations on financial and retirement accounts to determine who inherits upon your death.
- Establish joint ownership with right of survivorship to ensure automatic ownership of any joint property is transferred when you die..
Want to learn more about trusts in Oklahoma? This is what you’ll need to make sure your trust is legal.
