How to Make Will in Oklahoma

If you're a resident of Oklahoma and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

You can use your will to dispose of both your real and personal property. (Okla. Stat. tit. 84, § 41 (2025).)

Below you'll find an overview of what a will can do for you, what Oklahoma laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Oklahoma

Here's a quick checklist for making a will in Oklahoma:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Oklahoma, if you die without a will, your property will be distributed according to state "intestacy" laws. Oklahoma's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Oklahoma?

Yes. You can make your own will in Oklahoma, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Oklahoma

To make a will in Oklahoma, you must be:

• over the age of 18, and
• of sound mind.

(Okla. Stat. tit. 84, § 41 (2025).)

A person who has a guardian or conservator appointed may still be able to make a will. However, in that case, the will maker must sign and acknowledge the will in front of a district court judge who witnesses the execution of the will. The judge doesn't have any authority or responsibility to approve what's in the will or declare it valid. If you or a loved one have a guardian or conservator, you should consider seeking legal help from an attorney before trying to make a will. (Okla. Stat. tit. 84, § 41 (2025).)

You must generally make your will in writing on actual paper. It can't be on audio or video. (Although, see "Can I Make a Digital or Electronic Will?," below.)

Oklahoma also recognizes nuncupative (oral) wills in limited circumstances. To make a valid nuncupative will, you must be in military service in the field or doing duty on a ship at sea and in peril or fear of death or believing you would immediately die from an injury you received that same day. Also, your estate must be worth $1,000 or less, and you must have two witnesses present when you declare your will out loud. (Okla. Stat. tit. 84, § 46 (2025).)

How to Sign and Execute My Oklahoma Will

To finalize your will in Oklahoma:

• you must sign at the end of the will
• you must sign or acknowledge your signature in front of two witnesses
• you must declare to the witnesses that the document you're signing is your will, and
• your witnesses must sign your will in front of you and at the end of the will.

(Okla. Stat. tit. 84, § 55 (2025).)

A handwritten will doesn't need witnesses if the signature, date, and entire will are in the will maker's handwriting. This type of will is called a "holographic will." Even though Oklahoma allows holographic wills, they are usually not a good idea. (Okla. Stat. tit. 84, § 54 (2025).)

Do I Need to Have My Will Notarized?

No, in Oklahoma, you don't need to notarize your will to make it legal. However, Oklahoma allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Okla. Stat. tit. 84, § 55 (2025).)

Can I Make a Digital or Electronic Will?

Oklahoma is one of a handful of states that technically allows electronic wills (e-wills). Oklahoma has adopted the Uniform Electronic Estate Planning Documents Act (UEEPDA), which allows people to create, sign, and store their wills digitally.

The requirements for making a valid e-will are elaborate. If you would like to make an e-will, you should consider speaking with an attorney. An e-will must be:

• a record that is readable as text at the time of signing
• signed by the will maker—or another person can sign the will maker's name in the will maker's physical presence and at the will maker's direction, and
• signed (or acknowledged) in the physical or electronic presence of the will maker by at least two witnesses within a reasonable time after they witnessed the signing or acknowledgment.

"Electronic presence" means being in different locations and communicating live through technology that involves sight and sound. The two witnesses must be residents of the United States and physically located in a state or territory of the United States at the time of signing. A signature on an e-will can be any tangible or electronic symbol affixed to the document with the intent to authenticate it. (Okla. Stat. tit. 84, §§ 902, 905 (2025).)

An e-will may be made self-proving by using a notary. A will maker may revoke an e-will by executing a subsequent will or through a physical act with the intent to revoke it. (Okla. Stat. tit. 84, §§ 906, 907 (2025).)

For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint an Executor in My Will?

Yes. In Oklahoma, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Oklahoma?

In Oklahoma, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you with the intent to revoke it
• making a new will that says it revokes the old will, or
• making a writing that says it revokes the old will, following the same formalities you used to make your original will (see above).

(Okla. Stat. tit. 84, § 101 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Oklahoma law revokes any language in your will that "favors" your spouse. This rule doesn't apply if you happen to remarry your spouse or you make a new will after your divorce that favors your spouse. (Okla. Stat. tit. 84, § 114 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Oklahoma's laws about making wills here: Oklahoma Statutes Title 84 Wills and Succession.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Oklahoma wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Oklahoma, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Oklahoma?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Oklahoma, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Oklahoma doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.