Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a licensed attorney in Oklahoma for tailored guidance.
Detailed Answer
After someone dies, locating and confirming the validity of any will or estate planning documents is essential. Under Oklahoma law, a valid will must meet certain formal requirements and be admitted to probate before assets can distribute according to the decedent’s wishes.
1. Understand Oklahoma’s Formal Requirements for Wills
Oklahoma’s Probate Code sets out the formalities for a valid will. Key points include:
- The testator (person making the will) must be at least 18 and of sound mind.
- The will must be in writing and signed by the testator or by someone else at the testator’s direction.
- Two credible witnesses must sign in the presence of the testator. (See Okla. Stat. tit. 58, §§ 118–119.)
- Self-proved wills (notarized affidavits by the testator and witnesses) speed up probate. (See Okla. Stat. tit. 58, § 119.)
2. Check Common Storage Locations
People often store estate planning documents in predictable places:
- Safe deposit boxes at banks. Request access through the bank’s probate department.
- Home safes or fire-proof lockboxes. Check home offices or personal safes.
- Attorney’s office. Contact any attorney the decedent used for legal or financial matters.
- Digital vaults or will-registration services. Some services register wills electronically.
3. Search County Probate Records
Probate filings happen in the district court of the county where the decedent lived. To search:
- Visit the county courthouse clerk’s office and ask for probate case indexes under the decedent’s name.
- Use the Oklahoma State Courts Network (OSCN) online search at www.oscn.net.
- Look for “Application for Probate” or “Will Admission” dockets. If a will has been filed, you can request a copy.
4. Ask Family, Friends, and Professionals
Relatives or close friends may be aware of a will’s existence. Also, contact:
- Financial advisors or accountants.
- Insurance agents or bank officers.
- Funeral directors, who sometimes store original wills or directions.
5. Validate and File the Will for Probate
Once you locate a document that appears to be a will:
- Verify the formalities (signatures and witnesses).
- If valid, file an Application for Probate in the appropriate County District Court. (See Okla. Stat. tit. 58, §§ 301–302.)
- Provide notice to heirs and beneficiaries as required by statute.
- If no will exists, you may need to open an intestate estate. Oklahoma’s intestacy rules are in Okla. Stat. tit. 84.
Helpful Hints
- Keep a list of contacts (attorney, bank, accountant) along with document locations.
- Search for digital backups or scanned copies in email or cloud storage.
- Check for self-help will registries or digital will-recording platforms used by the decedent.
- Set calendar reminders for deadlines to file probate (generally within a few months of death).
- If you encounter disputes, consider mediation or seek legal counsel early to avoid delays.