Short answer

Yes — a valid prenuptial (premarital) agreement can change spouses’ property rights and may reduce or eliminate a spouse’s claim to property that otherwise might have supported a life estate or affected your inheritance. If the agreement is signed, voluntary, supported by adequate disclosure, and not unconscionable, courts will usually enforce it. If an executor refuses to provide a copy, you can demand it in writing, seek a court order in probate, or ask the court to compel an accounting or production of estate records and documents.

How premarital agreements work in Oklahoma (what to know)

Premarital agreements set the property and financial rights of each spouse before marriage. They commonly:

• Define whether certain property stays separate or becomes marital property;
• Waive rights to certain transfers, gifts, or an elective share of the other spouse’s estate;
• Clarify how life estates, trusts, or transfers on death are treated if one spouse dies.

If your mother signed a valid premarital agreement that addressed her property, it can control how property is distributed on her death — even if her will or a deed later attempts a contrary provision. For example, the agreement could have waived the surviving spouse’s right to receive income from or possession of certain property (which could prevent a life estate from operating as the surviving spouse expected), or it could specify that the spouse gets limited interests.

Important factors courts consider when deciding whether to enforce a premarital agreement include:

• Whether both parties signed the agreement voluntarily;
• Whether the party challenging the agreement had fair and reasonable disclosure of the other party’s property and financial obligations (or gave written consent to a limited disclosure);
• Whether the agreement was unconscionable at the time of enforcement;
• Whether any statutory formalities (signatures, witnesses, notarization where required) were met.

Because life estates are interests created by deed or will, the interaction between a premarital agreement and a life estate depends on how the agreement treats the assets that are the subject of the life estate and whether those assets were owned before or acquired during the marriage.

How this can affect your share as a child or heir

If the premarital agreement altered the surviving spouse’s rights to property that would otherwise fund the life estate or otherwise reduce what passes to heirs, your expected share could shrink. Examples:

• If the spouse waived an elective share or other rights to certain property, that property may pass directly to beneficiaries named in a will or via deed, rather than to the spouse for life.
• If the agreement recharacterized property as the spouse’s separate property, it might remove that property from the decedent’s probate estate, reducing assets available to heirs.

To know the practical effect, you need to see: (1) the premarital agreement, (2) the deed(s) or trust instruments creating any life estate, and (3) the will or beneficiary designations. These documents together show how title, retained rights, and distribution interact.

Executor duties and your right to see estate materials

The executor (personal representative) has fiduciary duties to the estate and beneficiaries. Those duties commonly include:

• Collecting and protecting estate assets;
• Providing beneficiaries with notice and certain information about the estate;
• Filing inventories, accountings, and disclosures with the probate court when required;
• Administering and distributing the estate according to the will and law.

Beneficiaries generally have a right to information about the estate’s assets and liabilities. That right often includes access to documents that affect distribution — including a premarital agreement if it determines a spouse’s interest in estate property. If the executor refuses, beneficiaries may pursue legal steps through the probate court.

Practical steps if the executor refuses to provide the premarital agreement

1. Ask in writing. Send a written demand to the executor asking for a copy of the premarital agreement and any documents that affect distribution (wills, deeds, trust instruments, inventories). Keep proof of delivery.
2. Review probate filings. Check whether a will has been filed in the probate court. Probate filings are often public and may list the personal representative and basic estate information.
3. Demand an accounting. If the executor is administering the estate, beneficiaries can request an accounting of assets and actions taken. In many cases, an in-court petition can compel an accounting.
4. File a petition with the probate court. If the executor refuses, a beneficiary can file a petition to compel production of documents, to compel an accounting, or to remove or surcharge the executor for breach of fiduciary duty. The probate court has authority to order disclosure and to enforce fiduciary duties.
5. Consider temporary relief. If documents or assets are in danger of loss or destruction, the court can issue temporary orders to protect the estate and preserve evidence.
6. Get legal help. An attorney experienced in Oklahoma probate and family/property matters can draft the demand, file the necessary probate petitions, and represent you in court. If removal of the executor is a concern, a lawyer can identify the grounds and prepare the evidentiary showing.

Timing and evidence — what you should gather now

Gather everything you already have: copies of wills, deeds, trust documents, title records, beneficiary designations, letters from the executor, and any correspondence about the estate. Note dates and any statements the executor made about the premarital agreement.

Act promptly. Probate deadlines and statutes of limitations can affect your remedies. If evidence may disappear, let the court know early and ask for protective orders.

Where to look in Oklahoma law

Oklahoma law covers premarital agreements and probate administration. For primary sources and statutes, start at the Oklahoma Legislature website: https://www.oklegislature.gov. Use the site’s statute search to find the statutes that govern premarital agreements and probate administration.

If you need local forms or procedural rules for probate filings, check the probate or district court pages where the decedent lived. The probate court clerk’s office can also tell you how to request a filed will or other public probate records.

When to consult a lawyer

Talk to a probate attorney if you:

• Are a named beneficiary and the executor won’t disclose documents;
• Think a premarital agreement was forged, coerced, or signed without disclosure;
• Suspect the executor is self-dealing or not following the will;
• Need to file a petition in probate court to compel production, accounting, or removal.

A lawyer can advise whether the premarital agreement likely controls distribution and can file the necessary motions to protect your rights.

Common outcomes

Possible results include:

• The premarital agreement is produced and enforced, changing what goes to the surviving spouse and heirs.
• The court orders the executor to produce the agreement and provide an accounting.
• The court finds the agreement unenforceable because of fraud, duress, inadequate disclosure, or unconscionability, and the estate proceeds under the will or intestacy rules.
• The executor is removed or sanctioned if they breach fiduciary duties.

Helpful hints

• Request documents in writing and keep copies of everything.
• Check probate dockets and filings at the county probate or district court — wills are often filed formally before estate administration begins.
• If the premarital agreement was recorded or referenced in property records, check county deed records for notices or life-estate deeds.
• Look for trustee or trust documents if property was moved into a trust — those can remove assets from probate entirely.
• Don’t ignore a refusal; courts expect executors to be transparent with beneficiaries and the probate court.
• Time matters — statutes of limitation and probate deadlines can bar some claims if you wait too long.