Handwritten Wills In Oklahoma: Are They Valid?

When planning your estate, it’s not uncommon to wonder whether a simple handwritten will might be enough to express your final wishes. In Oklahoma, the law does allow for what’s known as a holographic will, but as with any legal matter, there are important requirements and risks to keep in mind. In this article, we’ll discuss:

• Whether handwritten wills are legal in the State of Oklahoma.
• The risks of using a handwritten will for your estate planning.
• The best practices related to valid handwritten wills in Oklahoma.

What Is A Holographic Will Under Oklahoma Law, And Are They Legal?

Holographic wills are entirely legal in Oklahoma as long as you meet specific requirements and your family can produce the original after your death. To be valid, a holographic will in Oklahoma must meet the following criteria:

• Entirely handwritten by you. It cannot be typed, nor written by someone else.
• Signed and dated. Ideally, your signature should be at the bottom of the document. The date is vital to help determine which will is most recent.

These elements help the court identify the document as your true last will and testament. For instance, handwritten notes can sometimes be mistaken for informal lists or memos if they aren’t clearly signed and dated.

There’s also a newer legal development to keep in mind. A recent case suggests that even in a handwritten will, you should list your heirs at law, even if you are not leaving them anything. While this isn’t clearly stated by statute, the courts have indicated that holographic wills are subject to the same rules as other wills, including those involving omitted heirs. Identifying your heirs by name in your will assures the court can see that you did not overlook anyone unintentionally.

What Are The Risks Of Using A Handwritten Will In Estate Planning?

While not inherently risky, handwritten wills can present specific challenges. The original document must be found, meaning a photocopy generally isn’t good enough. The court needs the exact paper that you wrote on.

Handwriting must also be verified. Someone who knows your handwriting will need to testify or confirm its authenticity. This could become a problem if those individuals are no longer alive and available at the time of probate.

These risks can lead to delays, confusion, or even a failure to carry out your wishes if the will is not accepted by the court.

Attorney Terrell Monks of Oklahoma Estate Attorneys, PLLC has been guiding Oklahomans through estate planning complexities for over two decades. His deep understanding of state-specific probate and will laws, including the nuances of holographic wills, has helped countless clients protect their legacy and spare their families unnecessary stress. He’s seen firsthand how handwritten wills can go wrong, and can help you avoid costly mistakes by creating clear, legally sound plans.

If you're unsure whether your handwritten will holds up under Oklahoma law, schedule a consultation today and get the clarity and peace of mind you deserve.

Should I Destroy My Handwritten Will If I Later Create A Formal, Attorney-Drafted Will?

While there’s no legal requirement to destroy an old will, it’s strongly recommended. If an outdated handwritten will remains in existence, there’s always a risk that it could be mistakenly submitted to the court after your death, especially if your most recent, attorney-drafted will isn’t immediately available. Destroying previous wills helps avoid any confusion about which document should be followed.

What Do You Say To Clients Who Insist On Using A Handwritten Will For Simplicity?

I don’t argue with clients who are trying to save money or prefer to handle their own affairs. However, those individuals typically don’t come to my office for legal advice.

Unfortunately, people sometimes rely on templates or information found online, including documents that might be legally valid in other states but not in Oklahoma. While handwriting your will might seem simple and cost-effective, it comes with substantial risk if not done correctly.

That said, I respect a person’s choice to create their own will as long as they understand the potential consequences.

Still Have Questions? Ready To Get Started?

For more information on valid handwritten wills in Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 733-8686 today.

Attorney Terrell Monks of Oklahoma Estate Attorneys, PLLC has been guiding Oklahomans through estate planning complexities for over two decades. His deep understanding of state-specific probate and will laws, including the nuances of holographic wills, has helped countless clients protect their legacy and spare their families unnecessary stress. He’s seen firsthand how handwritten wills can go wrong, and can help you avoid costly mistakes by creating clear, legally sound plans.

If you're unsure whether your handwritten will holds up under Oklahoma law, schedule a consultation today and get the clarity and peace of mind you deserve.