Disclaimer: This article provides general information under Oklahoma law and does not constitute legal advice.
Detailed Answer
When someone passes away in Oklahoma, locating and verifying the original will and any codicils is crucial before you open probate. Oklahoma law requires the court to have the original document to carry out the decedent’s final wishes.
- Search the decedent’s records. Begin at the decedent’s residence. Check file cabinets, safes and personal papers. Codicils should be stored with the original will.
- Check safe deposit boxes. If the decedent rented a safe deposit box, locate the key or bank records. You may need a court order to access it. For more on custody of wills, see 58 O.S. § 324.
- Contact the decedent’s attorney. Estate planning lawyers often keep original wills and codicils in secure files. Confirm whether the attorney holds a self-proving will signed by a notary and witnesses under 58 O.S. § 35.
- Review digital records. Some wills are stored electronically or with digital estate planning services. Request certified paper copies if needed.
- Search county records. Oklahoma does not maintain a central will registry, but some counties allow voluntary deposit of wills with the court clerk. Review your county clerk’s procedure under 58 O.S. § 324.
- Verify authenticity. Examine signatures, witness attestations and dates. A self-proving affidavit speeds probate because it confirms the will was properly executed under state law.
- Handle lost wills. If the original is missing, you may probate a copy by proving its validity through credible testimony under 58 O.S. § 333.
Helpful Hints
- Ask family members early—they may know where the will is stored.
- Keep a written inventory of all locations searched.
- Obtain certified copies of any digital or photocopied wills.
- Gather contact information for witnesses to the will’s execution.
- Consider hiring a probate attorney to navigate court procedures.