How to Write a Will That Actually Works in Oklahoma

What is a will?

First, a will alone is not a complete estate plan.

A will, also known as a last will and testament, is a legal document that outlines how your property and assets should be distributed after your death, and who you would like to be in charge of overseeing that process after you pass away.

It also allows you to:

• Name beneficiaries (the people who will inherit your assets)
• Appoint an executor (also known as a personal representative) to carry out your wishes
• Designate a guardian for your minor children
• Provide instructions for managing personal belongings, real estate, business interests, and more

In Oklahoma, a valid will ensures that your estate is handled according to your wishes rather than default state laws. It gives your loved ones clear direction and can help avoid lengthy and costly court disputes, family drama, and unnecessary stress. However, a will alone often does not avoid probate, especially if you own real estate. It’s an important document to have, but it’s also just one step in the right direction as you determine how your assets will be distributed after you pass. We’ll elaborate on that more later! For now, let’s dive into how to write a will.

How to Write a Will, Step-by-Step

1. Know What You Own
   Make a list of your assets, including property, vehicles, bank accounts, business interests, and personal belongings.
2. Decide Who Gets What
   Choose beneficiaries and be as specific as possible about what each person should receive. It is also a good idea to identify contingent beneficiaries who would receive your assets in the event your primary beneficiaries unexpectedly predecease you. Disinheritances are a complex topic not addressed in this blog post, and you should consult directly with an attorney in the event you wish to disinherit a person who would otherwise be your heir-at-law.
3. Name an Executor (Personal Representative)
   This is the person who will carry out the instructions in your will. Choose someone you trust and who is willing to serve in this role. Don’t forget to talk with them about this decision! It is also best to identify an alternate executor who will serve in the event your first choice is unexpectedly unavailable when the time comes.
4. Select a Guardian for Minor Children
   If you have children under 18, name a guardian or guardians who would care for your children if something happens to you while they are minors. Make sure the nominated guardian or guardians know about this responsibility, and that it’s someone your kids know and trust.
5. Sign in Front of Witnesses
   A typed (non-holographic) will must be signed either in the presence of two competent adult witnesses or acknowledged by you to the witnesses to have been made by you, and the witnesses must also sign the document in your presence. It is recommended that these witnesses be impartial, not beneficiaries of the will, and not related to you by blood or marriage. In order to make the will “self-proving,” meaning the witnesses will not be required to testify or sign an affidavit in the event the will must be probated and is uncontested, further specific language must be included in the will as prescribed by statute. Learn more at OSCN.
6. Put It in Writing
   In Oklahoma, a handwritten will (also known as a holographic will) can be valid if certain legal requirements are met. While a holographic will is a good way to dip your toe into the waters of estate planning and start thinking about important decisions, it is not recommended as your final estate plan. A holographic will can be an initial temporary tool you can create at home until your formal estate planning documents are put in place. A holographic will must be handwritten entirely in your own handwriting, it cannot be typed or written by anyone other than you, and it must be signed and dated by you. The holographic will must have clear language stating it is intended to be your last will and testament, who you want to receive what assets, who you want to serve as the executor of your estate, and in the event you wish to disinherit an heir-at-law, consultation with an attorney is extremely important.
7. Store It Safely and Communicate Your Plan
   Keep your will in a safe but accessible place, and let your executor know where it is. While you will have the original will, it is always a good idea to also keep a digital copy in case the will is unintentionally destroyed by fire or natural disaster. We can provide you with a digital copy of any estate planning documents we prepare for you.
8. Review and Update When Needed
   Revisit your will after major life changes like marriage, divorce, a new child, or a significant shift in your assets.

It’s possible to write a will on your own as an initial and informal first step, but we highly recommend that you work with an estate planning attorney to ensure your estate plan accomplishes your wishes correctly and in a way that ensures the smoothest transition for your loved ones after your death!

Using a Will in an Estate Plan

A will is a foundational resource, but it’s just one piece of the puzzle.

While your will outlines how your assets should be distributed and who you want in charge of overseeing that process, it is not recommended as your sole estate planning tool. A will alone does not always avoid probate (the legal process of settling your estate) especially if you own real estate, and it does not designate who would help make medical and financial decisions for you in the event you become incapacitated.

That’s why a complete estate plan often includes additional tools, like:

• A trust, to manage assets and help avoid probate
• Powers of attorney, to designate someone to handle your financial and medical decisions if you’re incapacitated
• Advance directives (also called living wills), to communicate your healthcare preferences

Using a will within a broader estate plan ensures your wishes are carried out smoothly, protects your loved ones from legal headaches, and provides peace of mind that your wishes will be known and followed.

Answering Other Estate Planning Questions

Your will and estate plan provide a smooth transition for your family and your assets. At Coats Law Firm, we are people focused and education minded, ensuring you feel confident in your decisions.

Here are a few estate planning questions we often hear when it comes to preparing for your future:

Q: Can I write my own will in Oklahoma?
A: Yes, you can legally write your own will, including a handwritten one (called a holographic will). However, this is not recommended as your final estate planning tool, as DIY wills often miss key legal requirements or lead to confusion. Working with an estate planning attorney ensures your wishes are clear and enforceable.

Q: Does a will avoid probate?
A: A will alone typically does not avoid probate, especially if you own real estate. A will guides the probate process but typically cannot avoid it depending on the assets you own. If avoiding probate is a goal, you may want to consider a trust or transfer on death deed as part of your estate plan.

Q: What happens if I die without a will in Oklahoma?
A: State statutes will determine how your assets are distributed through intestate succession laws. The distributions directed by these statutes may not align with your personal wishes and can create stress and conflict for your loved ones.

Q: How often should I update my estate plan?
A: Review your estate plan every few years or after major life changes (marriage, divorce, birth, death, significant financial changes) to ensure it still reflects your wishes.

If you want to learn more and also work with a professional, our team at Coats Law Firm would be happy to help! Contact us today to start the conversation.