Detailed Answer
This is not legal advice. It’s for educational purposes only. Under Oklahoma law, a valid will generally must be signed by the testator in the presence of at least two credible witnesses. Oklahoma Statutes, Title 58, § 111 requires that a will be:
- in writing;
- signed by the testator or by another person in the testator’s presence and at the testator’s direction; and
- attested by at least two credible witnesses, each of whom signed within a reasonable time after witnessing the signing of the will or its acknowledgment.
Notarization is not required, but absence of the two required witnesses means the document does not meet statutory formalities and cannot be admitted as an attested will. (58 O.S. § 111.)
Is there any way to admit an unwitnessed or unnotarized will?
1. Holographic wills. Oklahoma does not recognize holographic wills (entirely handwritten) as valid substitute for attested wills.
2. Foreign wills. If the will was executed in another state where it met all formal requirements there, Oklahoma courts may admit it under the “local law” rule. See 58 O.S. § 109. You must prove its validity under the foreign jurisdiction’s law.
3. Repudiated will. If the testator is alive and mentally competent, they may re-execute the will properly with two witnesses.
Consequences of failing to probate a valid will
If you cannot establish a valid will, the estate will be administered under Oklahoma’s intestacy rules, which may result in an unintended distribution of assets. Probate without a valid will means the court will distribute property to heirs at law (spouse, children, parents) per 58 O.S. § 201 and following.
Helpful Hints
- Locate and interview any individuals who may have witnessed the signing—even informally—for affidavits of attestation.
- Search for earlier or formalized drafts of the will drafted by an attorney, which may include proper attestation.
- Check if the document was executed in another state where it met that state’s formalities.
- If the testator is alive, advise them to re-execute the will before two witnesses and consider self-proving it with a notary.
- Review Oklahoma’s intestacy statutes to understand default distribution if the will fails.
- Consult a licensed Oklahoma probate attorney to explore petitions for admission of nonconforming wills or other special relief.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.