Oklahoma Legal Guides
31 guides covering Oklahoma topics, each with CaseDiver search beside the article.
- A Named Heir Is Not Pretermitted In Oklahoma Because Of A Failed Bequest
In In Re Estate of James , the Oklahoma Supreme Court decided the question of whether children were pretermitted from their father’s will. The Oklahoma Supreme Court held that heirs are not pretermitted because their beneficiary status on a…
- Are No Contest Clauses In Wills Enforceable In Oklahoma?
The validity of no contest clauses or “in terrorem” clauses attached to wills has long been recognized in Oklahoma. No contest clauses in Oklahoma are enforceable, unless the court finds that the will or trust contest is brought in good fai…
- Can a Beneficiary Witness a Will In Oklahoma?
A beneficiary should not witness a will under Oklahoma law, because any devise to the witness under the will is rendered void. What Are the Witness Requirements For an Oklahoma Will? An Oklahoma will requires the signatures of two witnesses…
- Can a Small Estate Avoid Probate In Oklahoma?
Yes, if the total value of a decedent’s probate personal property is less than $50,000, the property can be obtained by the decedent’s successors using a Small Estate Affidavit, instead of going through the Oklahoma probate process. Using a…
- Castle Doctrine in Oklahoma: Deadly Force Against Intruders
Oklahoma castle doctrine: when occupants may use deadly force against home intruders, key statutes (21 Okla. Stat. § 1289.25), presumptions, and leading cases.
- Creditors In Oklahoma Probate
Creditors in Oklahoma probate estate can be anything from decedent’s credit card debt, last medical expenses, or a judgment lien. Paying the proper creditor claims of the estate is one of the duties of an Oklahoma personal representative, a…
- Does a Revocable Trust Become Irrevocable Under Oklahoma Law Once One Of the Settlors Passes Away?
In Stratton v. Stephens , an Oklahoma appellate court considered whether a revocable trust, created jointly by a husband and wife, can be amended after one of the trustors passes away. The Facts of Stratton v. Stephens Hillard and Helen, hu…
- Does Divorce Revoke a Will In Oklahoma?
No, getting a divorce does not revoke an Oklahoma will . Oklahoma law provides that divorce impacts provisions of a will done prior to the divorce by revoking provisions of the will that are in favor of the testator’s former spouse. Section…
- How Do You Contest a Will In Oklahoma?
The most common grounds to contest a will under Oklahoma law are: Undue influence Lack of testamentary capacity Lack of testamentary formalities Duress, Menace, and Fraud Revocation Often, many of these grounds to contest a will are …
- How Do You Make a Valid Will In Oklahoma?
To make a valid will under Oklahoma law, the will must be: In writing; Signed by the testator; Witnessed by two witnesses. The requirements to make a valid will under Oklahoma law are found at Oklahoma Statutes § 84-55 . Who Can Make…
- How Do You Remove an Estate Executor In Oklahoma?
The grounds upon which the court can remove an executor of an estate under Oklahoma law are very broad. The removal of an estate executor in Oklahoma is at the discretion of the probate court on a showing that the circumstances of the estat…
- How Do You Revoke a Will In Oklahoma?
There are two main ways to revoke a will recognized under Oklahoma law: By a written will or other writing of the testator; or, By being burnt, torn, canceled, obliterated or destroyed. See 84 OK Stat § 84-101 (2019) . The revocation…
- How Long Does Probate Take In Oklahoma?
The average probate in Oklahoma in a simple estate will take about 4 to 6 months. This is if the administration is straightforward, simple, and goes according to plan. Sometimes probate in Oklahoma can take a shorter or longer time, dependi…
- In What Order Are Debts Paid In Oklahoma Probate?
The Oklahoma probate code and case law direct that debts are paid in a certain order from a decedent’s estate, with priority given to the expenses of administration, funeral costs, and expenses of the decedent’s last illness. Priority Debts…
- Oklahoma Alimony: Eligibility, Amount, and Duration
How Oklahoma courts award alimony under Okla. Stat. tit. 43, § 121: eligibility, statutory factors, duration, and leading cases.
- Oklahoma Child Support Guidelines: How Support Is Calculated
How Oklahoma calculates child support under Okla. Stat. tit. 43, §§ 118–120, including the income shares, deviations, modification, and leading cases.
- Oklahoma Supreme Court: A Child Placed For Adoption Inherits From Biological Parent's Estate As A Pretermitted Heir
Under Oklahoma law, a child placed for adoption can inherit from a biological parent's estate. In Rogers v. Estate of Pratt , the Oklahoma Supreme Court ruled that a biological child who was adopted out could inherit as a pretermitted heir …
- Oklahoma Supreme Court: Children Not Mentioned In One-Sentence Holographic Will Are Pretermitted Heirs
In the Matter Of the Estate Of Chester , the Oklahoma Supreme Court held that a testator’s son (who had shot the decedent during his lifetime leaving him with life-long injuries) was a pretermitted heir under his father’s holographic will w…
- Oklahoma Supreme Court: Prioritized Order For Probate Venue Exists In Oklahoma
In In the Matter Of the Estate Of Fulks , the Oklahoma Supreme Court confirmed that the proper venue for the probate of an Oklahoman’s estate is the county in which the decedent resided at death – not the most convenient venue for the party…
- Oklahoma Supreme Court: Revocation Upon Divorce Statute Only Applies Upon Final Judgment Of Divorce
In Ghoussoub v. Yammine , a June 21, 2022 opinion from the Oklahoma Supreme Court, the Court addressed the question of whether Oklahoma’s revocation-upon-divorce statute, 15 O.S. 2011 §178(A) , applies when one party dies after the granting…
- Oklahoma Supreme Court: Sufficient Evidence Of Survivorship In Simultaneous Death Case
On March 9, 2022, the Oklahoma Supreme Court issued the mandate in Pilz v. Bond , an opinion affirming that simultaneous death did not occur as between a husband and wife, thus determining the beneficiaries of the estate based upon survivor…
- Oklahoma Supreme Court: Transfer Of Property By Trust Fiduciary Exempt From Residential Property Condition Disclosure Act
In Rickard v. Coulimore , a January 25, 2022 opinion from the Oklahoma Supreme Court, the Court read the plain language of the Residential Property Condition Disclosure Act (RPCDA) to determine that a transfer of real property by a trustee …
- Oklahoma Supreme Court Weighs In On Who Controls the Disposition Of a Decedent’s Remains
In In the Matter Of the Estate of Downing , an April 6, 2021 opinion, the Oklahoma Supreme Court considered a dispute over the control of the disposition of a decedent’s remains, and what constitutes sufficient evidence of a written documen…
- Spousal and Family Allowance In Oklahoma Probate
After the death of a spouse, the surviving spouse and family is permitted an allowance from the Oklahoma estate to maintain the family during the probate process. Section 58 Okl. St. § 58-314 governs the family allowance in Oklahoma probate…
- Stand Your Ground Laws in Oklahoma
Oklahoma stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Oklahoma
Surviving spouses have many important rights (also known as widow's rights) under Oklahoma law, including: Intestate Share Homestead Rights Exempt Property Elective Share Learning the basics about these rights is the first step to navigatin…
- Undue Influence In Oklahoma Will Contests
Undue influence is the most common ground advanced to contest a will in Oklahoma . Undue influence is defined in Oklahoma law as follows: Undue influence consists: In the use, by one in whom a confidence is reposed by another, or who holds …
- What Does It Mean To Have Testamentary Capacity In Oklahoma?
To have testamentary capacity to make a will under Oklahoma law , the testator must understand, in a general way: The quality and quantity of his or her property; The natural objects of his or her bounty ; and, The legal effect of signing t…
- What Is a Spousal Elective Share In Oklahoma?
An Oklahoma surviving spouse has a right to elect to take an elective share in the deceased spouse’s estate. In Oklahoma, the rules governing the spousal elective share are found in 84 OK Stat § 84-44 . What Is the Elective Share In Oklahom…
- Who Are Next Of Kin In Oklahoma?
The term “next of kin” and “heirs at law” are often used interchangeably in Oklahoma law to mean those entitled to take under the statutory distribution of intestate estates (when a decedent dies without a will). Next of kin in Oklahoma gen…
- Who Can Serve As an Executor Or Administrator In Oklahoma Probate?
The role of an executor or administrator is an important one in Oklahoma probate. An Oklahoma estate has an executor when the estate is testate (the decedent left a valid will ). An Oklahoma estate has an administrator when the estate is in…