What is a Will?


A Will is a written instrument by which you provide for the disposition of your property after your death. In Oklahoma, if you are of sound mind and eighteen years or older, you may dispose of your property by will. 

Using a will or trust form downloaded from the internet for estate planning purposes is not recommended. A will or trust must be prepared within the legal technicalities prescribed by the law. These technicalities are for the protection of you and your heirs, and they must be observed. The proper drafting of a will or a trust requires the professional knowledge, skill and experience of a practicing lawyer.

Is a handwritten will valid? And can I get by with that? Under Oklahoma law a holographic will that is entirely written, dated and signed in your own handwriting, and which contains no typed or printed portion, is valid. The problems resulting from this type of will are not so much in what the person writing the will says as in what the person fails to say. Without the advice of any attorney, most people who prepare handwritten wills fail to include provisions that address the issue of a beneficiary who dies before the will maker, the naming of an executor and waiver of his bond, the source for payment of administrative expenses of the estate and the specific powers the executor will have.

Don’t pass without having a Will or Trust professionally prepared on your behalf.

If you have a will, your estate will be ‘probated’ in court. If you do not have a will, your estate will be ‘administered’ in court. The Probate Code provides several methods to probate or administer an estate, some of which can reduce costs if used appropriately.

A probate attorney with a working knowledge of wills, inheritance, probate and estate administration can provide guidance on minimizing probate or estate administration costs and achieving the desired results for distribution of your estate.

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