In Oklahoma, you may name the person who will carry out your funeral arrangements. You can also provide detailed instructions about your final wishes and set aside funds to cover your funeral expenses, including the costs of burial or cremation.
Who Has the Right to Make Funeral Arrangements in Oklahoma?
Oklahoma law determines who can make decisions about funerals and body disposition -- that is, burial or cremation -- after someone dies. This right and responsibility goes to the following people, in order:
- a person you name in a valid legal document made before your death
- your surviving spouse
- your next of kin, or
- a public officer.
How to appoint a representative. To make a valid document naming someone to carry out your final arrangements, you must write down what you want, then sign and date your document in front of a notary public. (Oklahoma Statutes § 21-1151.)
Naming your representative in an advance directive. One smart way to appoint a representative is to complete an advance directive for health care naming a health care proxy. In your document, you can give your proxy explicit power to carry out your final arrangements. This saves the trouble of making separate documents for health care decisions and final wishes.
You must make your proxy’s after-death authority clear in your advance directive document; otherwise your agent’s decision-making power ends when you die. Also, be sure to have your advance directive notarized to satisfy the requirements above.
For information about making an advance directive, see Oklahoma Living Wills and Advance Directives for Health Care.
To make an Oklahoma advance directive that appoints your health care proxy to carry out your final plans, you can use Nolo’s Quicken WillMaker Plus software.
If you’re in the military. You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Who Pays for Funeral Costs in Oklahoma?
The average funeral costs more than $7,000, according to the National Funeral Directors Association. This figure doesn’t cover many common expenses such as cemetery costs, markers, flowers, or obituaries. For many people, after a house and a car, funeral goods and services are the most expensive thing they’ll ever buy. It’s wise to make a plan to pay for these costs.
You have two basic options for covering your funeral expenses, including the costs of burial or cremation. You can:
- pay in advance, or
- leave enough money for your survivors to pay the bills.
If you don’t do either of these things, your survivors must cover the costs of your funeral arrangements.
Paying in advance. If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (see, for example, Oklahoma Statutes § 36-6125), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
Setting aside funds. The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can designate a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
For more information about setting up an account to cover the costs of your final arrangements, see Payable-on-Death (POD) Accounts: The Basics.
Writing Down Your Funeral Plans
Beyond simply naming a representative to carry out your final plans, letting your survivors know what kind of funeral arrangements you want -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time. You can include your detailed final wishes with the written document that names your representative.
In Oklahoma, anyone who knowingly fails to follow your burial or cremation instructions has committed a misdemeanor crime and is subject to a fine of up to $5,000. (Oklahoma Statutes § 21-1151C.)
Nolo offers several tools to help you document your wishes for final arrangements. Each one walks you step-by-step through the process, so you won’t miss any important issues.
- Quicken WillMaker Plus can create a final arrangements document for you. The software program asks you questions about what you want and produces a detailed document you can give to others. You can also use the program to make your Oklahoma advance directive naming your health care proxy to oversee your plans.
- Get It Together: Organize Your Records So Your Family Won't Have To, by Melanie Cullen with Shae Irving, is a workbook that provides a complete system for documenting information for your executor and family members, including your wishes for final arrangements.
- Nolo’s Final Arrangements Kit includes all the basic forms and instructions you need to document your final wishes.
Where to Store Your Funeral Plans
While there are many ways to write down your wishes for final arrangements and make them clear, here’s a firm piece of advice to follow: Don’t put them in your will. Your will may not be read until weeks after your death -- far too late to help your survivors. It’s better to prepare a separate document.
Store your final arrangements paperwork in a safe place and be sure your loved ones know where to look when the time comes. It may be helpful to make copies and tell them where to find the originals when they’re needed. If you do so, be sure to keep a list of everyone with copies, in case you need to get them back and change them later.
To find all the rules covering funeral arrangements in Oklahoma, including consumer protection information, visit the website of the Oklahoma Funeral Board.
To learn more about making your final arrangements, see Getting Your Affairs in Order on Nolo.com.
For details on the rules that control disposing of remains in Oklahoma, see Burial and Cremation Laws in Oklahoma.