LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
Effective Date: [DATE]
County of [COUNTY], State of Oklahoma
[// GUIDANCE: This template is drafted to comply with Oklahoma probate statutes, including execution and witness requirements under 84 Okla. Stat. § 55 and interested-witness limitations under 84 Okla. Stat. § 142. Customize bracketed terms, delete inapplicable provisions, and seek local counsel review before execution.]
TABLE OF CONTENTS
- Identification & Capacity
- Revocation of Prior Instruments
- Definitions
- Appointment of Personal Representative
- Payment of Debts, Taxes & Expenses
- Specific Bequests
- Residuary Estate
- Guardianship of Minor Children
- Powers of Personal Representative
- Executor Indemnification & Liability Limitation
- No-Contest & Exclusive Forum
- Governing Law; Severability
- Miscellaneous
- 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.
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.
[// GUIDANCE: Add, remove, or modify defined terms to fit the Testator’s situation.]
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.
4.4 Independent Administration. I authorize unsupervised, independent administration to the fullest extent permitted under Oklahoma law.
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. I direct my Personal Representative to distribute items of tangible personal property in accordance with any written statement, signed and dated by me, that qualifies under 84 Okla. Stat. § 46.
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
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].
[// GUIDANCE: Court appointment of a guardian is subject to judicial discretion under 30 Okla. Stat. § 2-101 et seq.]
9. POWERS OF PERSONAL REPRESENTATIVE
9.1 Statutory Powers. My Personal Representative shall have all powers conferred under 58 Okla. Stat., including without limitation the power to sell, exchange, lease, invest, insure, and otherwise manage Estate assets without court order where allowed.
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.
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. Any beneficiary who, directly or indirectly, contests or seeks to impair the validity or provisions of this Will (except to enforce its terms) shall forfeit all interests herein, and such interests shall pass as though the contesting beneficiary predeceased me without issue.
11.2 Forum Selection. Exclusive jurisdiction for all matters arising under or related to this Will shall lie in the District Court of [COUNTY], State of Oklahoma, Probate Division.
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 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
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]
[// GUIDANCE: Ensure both witnesses are disinterested, or add an additional disinterested witness if a beneficiary must serve.]
14.3 Self-Proving Affidavit
(State of Oklahoma – Acknowledgment & Affidavit for Self-Proved Will)
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: _______
[// GUIDANCE: Attach this self-proving affidavit directly to the Will to streamline probate under 84 Okla. Stat. § 55.]
END OF DOCUMENT