Intestate Succession in Oklahoma

If you die without a will in Oklahoma, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Oklahoma.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Oklahoma.

Who Gets What in Oklahoma?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

The Spouse's Share in Oklahoma

In Oklahoma, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents, siblings, or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with parents but no descendants. Your surviving spouse inherits all property acquired by joint effort during your marriage, plus 1/3 of the balance.

Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Joe also inherits all the property that he and Gerry acquired together during marriage, such as their cars and personal property. Gerry has $75,000 worth of additional, separate property that would have passed under a will if she had named one. Joe inherits $25,000 worth of that property, and Gerry's father inherits $50,000.

If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits 1/2 of your intestate property.

Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will. Karen inherits $200,000 worth of that property and the two children inherit $100,000 each.

If you die with at least one descendant who is not the descendant of your surviving spouse. Your spouse inherits 1/2 of all property acquired by joint effort during your marriage and splits the rest with your descendants.

Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright, half of all other property he and Barrett acquired together during their marriage, and $100,000 worth of Barrett' separate property. Barrett's daughter inherits the other half of Barrett's marital property plus $100,000 worth of her separate property.

In Oklahoma, your surviving spouse is always entitled to inherit one of your automobiles. (Oklahoma Statutes § 84‑232.)

Children's Shares in Oklahoma

If you die without a will in Oklahoma, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)

For children to inherit from you under the laws of intestacy, the state of Oklahoma must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Oklahoma Statutes § 10‑7505-6.5.)
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. This does not apply to children adopted by your spouse -- children adopted by your spouse will continue to get a share. (Oklahoma Statutes § 10‑7505-6.5.)
• Posthumous children. Children conceived by you but not born before your death will receive a share. (Oklahoma Statutes § 84‑228.)
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they may receive a share of your estate if you (1) married the mother after their birth and acknowledged them as your children or adopted them; (2) acknowledged your paternity in writing; (3) publicly acknowledged them and treating them as your own; or (4) or your paternity was proved under Oklahoma law. (Oklahoma Statutes § 84‑215.)
• Children born during your marriage. Any child born to your wife during your marriage is assumed to be your child and will receive a share of your estate.
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. (Oklahoma Statutes § 84‑213.)

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws themselves, you'll find a link to the Oklahoma Statutes at the end of this article.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins. If your estate goes to the state, it is used to support schools.

Other Oklahoma Intestate Succession Rules

Here are a few other things to know about Oklahoma intestacy laws.

• Half-relatives. "Half" relatives usually inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. There is an exception for property you inherited from your ancestors, which must stay in the blood family according to Oklahoma law. (Oklahoma Statutes § 84‑222.)
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. (Oklahoma Statutes § 84-229.)
• Someone who causes your death. If another person is criminally responsible for your death, that person will not receive a share of your estate or payment from your life insurance policy. (Oklahoma Statutes § 84-231.)
• Advancements. If you gave property to your relative during your lifetime that you intended to be advanced as part of your relative's inheritance, the value of the gift will be subtracted from your relative's share if you stated this in the gift, wrote it down, or the relative acknowledged it. (Oklahoma Statutes § 84-223.)

Learn More

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

You can find Oklahoma's intestate succession laws by visiting the website of the Oklahoma Legislature. Choose "Browse Oklahoma Statutes," then select Title 84, Wills and Succession. Scroll down to find the intestate succession laws, which begin with Section 84-211.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.