Simple Will - Oklahoma

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

Effective Date: [DATE]
County of [COUNTY], State of Oklahoma

TABLE OF CONTENTS

1. Identification & Capacity
2. Revocation of Prior Instruments
3. Definitions
4. Appointment of Personal Representative
5. Payment of Debts, Taxes & Expenses
6. Specific Bequests
7. Residuary Estate
8. Guardianship of Minor Children
9. Powers of Personal Representative
10. Executor Indemnification & Liability Limitation
11. No-Contest & Exclusive Forum
12. Governing Law; Severability
13. Miscellaneous
14. Execution, Attestation & Self-Proving Affidavit

1. IDENTIFICATION & CAPACITY

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], being of lawful age (18 years or older), of sound mind, and under no constraint or undue influence, hereby declare this instrument to be my Last Will and Testament (“Will”).

2. REVOCATION OF PRIOR INSTRUMENTS

I revoke all prior wills, codicils, and testamentary dispositions made by me, in accordance with 84 O.S. § 101.

3. DEFINITIONS

For purposes of this Will:
a. “Child(ren)” means my biological or legally adopted child(ren) living or en ventre sa mere on my date of death.
b. “Estate” means all property I own at death, real or personal, tangible or intangible, wherever situated, including insurance or retirement benefits payable to my Estate.
c. “Personal Representative” means the individual(s) or corporate fiduciary appointed in Section 4, including any lawful successor.
d. “Residuary Estate” means all Estate assets not effectively disposed of by prior sections of this Will.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE

4.1 Primary Appointment. I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative.
4.2 Successor Appointment. If the primary nominee is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME].
4.3 Bond. My Personal Representative [SHALL / SHALL NOT] be required to post bond, as permitted by 58 O.S. § 178 (bond may be waived by the will).
4.4 Testamentary Power of Sale. Oklahoma probate is administered under the supervision of the district court sitting in probate; Oklahoma does not have a Texas- or UPC-style "independent administration" that dispenses with court involvement altogether. However, pursuant to 58 O.S. § 462, because this Will directs and authorizes my Personal Representative to sell or otherwise deal with Estate property, my Personal Representative may do so without first obtaining a court order authorizing the specific transaction. Title to real property sold under this power does not pass, and the transaction is not final, until the sale is reported to and confirmed by the court, except where confirmation is dispensed with by law (including summary or dispensed-with proceedings for small estates under 58 O.S. § 241).

5. PAYMENT OF DEBTS, TAXES & EXPENSES

My Personal Representative shall first pay, from Estate assets, all enforceable debts, expenses of last illness, funeral and burial, estate administration costs, and all taxes (including interest and penalties) legally imposed against me or my Estate.

6. SPECIFIC BEQUESTS

6.1 Tangible Personal Property. Oklahoma has no statute (comparable to the Uniform Probate Code's separate-writing provision) that independently authorizes a stand-alone tangible-personal-property memorandum executed or altered after this Will. Accordingly, if, at the time I sign this Will, a written statement or list already exists that is referred to herein with sufficient certainty for identification, describes the covered items and beneficiaries with reasonable certainty, and is signed and dated by me (a "Memorandum"), I intend that Memorandum to be incorporated into and made a part of this Will by reference, and I direct my Personal Representative to distribute the described items accordingly. Any writing not in existence and so identifiable at the time of execution of this Will is precatory only and not binding on my Personal Representative.
6.2 Monetary & Other Specific Gifts.
a. [BENEFICIARY NAME] – $[AMOUNT] / [DESCRIBE ASSET]
b. [BENEFICIARY NAME] – $[AMOUNT] / [DESCRIBE ASSET]
Any specific gift adeems if the property is not owned by me at death, unless otherwise required by Oklahoma’s anti-ademption laws.

7. RESIDUARY ESTATE

I give all the rest, residue, and remainder of my Estate, including lapsed and failed gifts (“Residuary Estate”), to [PRIMARY RESIDUARY BENEFICIARY].
7.1 Contingent Distribution. If the primary residuary beneficiary does not survive me by 120 hours, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY].
7.2 Per Stirpes. Unless otherwise stated, distributions to descendants shall be per stirpes.

8. GUARDIANSHIP OF MINOR CHILDREN

Pursuant to 30 O.S. § 3-103 (nomination of guardian or limited guardian by will), if any of my Child(ren) are minors at my death, I nominate [GUARDIAN NAME], residing at [ADDRESS], as Guardian of the person and property of such minor Child(ren). If the primary nominee does not qualify or ceases to act, I nominate [SUCCESSOR GUARDIAN NAME]. This nomination is subject to approval by the district court in a guardianship proceeding under Title 30 of the Oklahoma Statutes.

9. POWERS OF PERSONAL REPRESENTATIVE

9.1 Statutory Powers. My Personal Representative shall have all powers and duties conferred on a personal representative under Title 58 of the Oklahoma Statutes, including without limitation the possession and collection powers described in 58 O.S. § 251 and the power granted in Section 4.4 of this Will to sell, exchange, lease, or otherwise deal with Estate assets under 58 O.S. §§ 461-462 without a prior court order where this Will so directs or authorizes, subject to court confirmation as required by law.
9.2 Discretionary Powers. Without limiting the foregoing, the Personal Representative may:
a. Employ and compensate professionals;
b. Make tax elections;
c. Distribute assets in cash or in-kind;
d. Make partial or provisional distributions;
e. Resolve claims by compromise, arbitration, or litigation;
f. Access, manage, and control digital assets and electronic communications of mine to the extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act, 58 O.S. §§ 3101-3119.

10. EXECUTOR INDEMNIFICATION & LIABILITY LIMITATION

10.1 Indemnity. The Estate shall indemnify the Personal Representative against all claims, liabilities, and expenses incurred in good-faith administration.
10.2 Liability Cap. The Personal Representative’s liability shall not exceed the value of Estate assets under administration, absent gross negligence or willful misconduct.

11. NO-CONTEST & EXCLUSIVE FORUM

11.1 In Terrorem Clause. Oklahoma recognizes and enforces no-contest (in terrorem) clauses in wills, but such clauses are strictly construed against forfeiture, and Oklahoma courts will not enforce a forfeiture against a beneficiary who contests this Will in good faith and with probable cause. In re Estate of Westfahl, 1983 OK 119, 674 P.2d 21. Accordingly, any beneficiary who, directly or indirectly and without good faith and probable cause, contests or seeks to impair the validity or provisions of this Will shall forfeit all interests herein, and such interests shall pass as though the contesting beneficiary predeceased me without issue. For the avoidance of doubt, this Section does not apply to, and does not penalize, an action to construe this Will, an action resolving administrative matters, a challenge to a Personal Representative's suitability or conduct, a proceeding to enforce a lawful spousal election, or the filing of a creditor's claim.
11.2 Forum Selection. Exclusive jurisdiction and venue for all matters arising under or related to this Will shall lie in the District Court of [COUNTY] County, State of Oklahoma, sitting in probate, pursuant to 58 O.S. §§ 1 and 5. Oklahoma does not maintain a separate statutory probate court or probate division; probate matters are heard by the district court of the proper county.
11.3 Injunctive Relief. The Personal Representative may seek injunctive or declaratory relief to enforce this Section without posting bond.

12. GOVERNING LAW; SEVERABILITY

This Will shall be construed under the laws of the State of Oklahoma. If any provision is held invalid, the remaining provisions shall remain fully effective.

13. MISCELLANEOUS

13.1 Headings. Section headings are for convenience only and do not affect interpretation.
13.2 Simultaneous Death. The Uniform Simultaneous Death Act as adopted in Oklahoma, 58 O.S. §§ 1001-1008, shall govern.
13.3 Survivorship Period. A beneficiary must survive me by 120 hours to take under this Will, unless a shorter period is expressly stated.

14. EXECUTION, ATTESTATION & SELF-PROVING AFFIDAVIT

This Will is executed, attested, and made self-proved in accordance with 84 O.S. § 55.

14.1 Testator Signature

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date and at the place set forth below and declare that I sign willingly, that I am of age or otherwise legally entitled to make a will, and that I execute this instrument as my free and voluntary act for the purposes herein expressed.

Date: _____________, 20___  Place: __________________________

______________________________________
[TESTATOR FULL LEGAL NAME], Testator

14.2 Witness Attestation

We, the undersigned witnesses, declare that on the date written above, the Testator voluntarily signed and declared this instrument to be the Testator’s Last Will and Testament in our presence, and we, at the Testator’s request and in the Testator’s presence and in the presence of each other, sign our names hereto as witnesses. We are each at least 18 years of age and otherwise competent.

Witness #1: ___________________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

Witness #2: ___________________________________
Name: [PRINTED NAME]
Address: [ADDRESS]

14.3 Self-Proving Affidavit

(State of Oklahoma – Acknowledgment & Affidavit for Self-Proved Will, per 84 O.S. § 55(5)(a))

State of Oklahoma )
County of __________ ) ss.

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], Testator, and [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, all personally known to me and whose names are subscribed to the foregoing instrument, who, being duly sworn, each upon oath declared to me that the Testator executed the instrument as the Testator’s Last Will and Testament; that the Testator signed willingly (or willingly directed another to sign for the Testator); that the Testator executed it as the Testator’s free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of their knowledge the Testator was at least 18 years of age, of sound mind, and under no constraint or undue influence.

______________________________________
[TESTATOR NAME], Testator

______________________________________
[WITNESS #1 NAME], Witness

______________________________________
[WITNESS #2 NAME], Witness

Subscribed, sworn to and acknowledged before me by [TESTATOR NAME], Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ____ day of __________, 20___.

(SEAL)

______________________________________
Notary Public for the State of Oklahoma
My Commission Expires: ___________________

END OF DOCUMENT