Title 84, Title 84 — Wills and Succession

Upon the filing of such petition the judge of the district court shall make an order fixing a day for the hearing of said petition, not less than six nor more than ten (10) weeks from the time of making such order, and directing all the heirs of such deceased person and record cl…

Upon the date set for the hearing of said petition the district court shall hear evidence offered, and shall render judgment according to said evidence, as in other probate cases, and the court shall determine the heirs of the said decedent as of the date of the death of the said…

In all cases appealed from any judgment rendered under the provisions of this act, the law applicable to appeals in probate matters shall apply, and appeals may be taken from all final orders, as provided for appeals in probate matters. Laws 1919, c. 25, p. 42, § 5.

The method herein provided for the determination of the heirs of a deceased person shall not be exclusive, but shall be in addition to the method already provided by law, except that the method provided in Section 6488 of the Revised Laws of Oklahoma, 1910, shall be no longer in …

Description of parties - Publication of notice. Where any person dies intestate possessed of real property in this state, or dies having devised pursuant to the law of this state any real property in this state, in terms to "heirs," "relations," "nearest relations," "representati…

Upon the trial of hearing, and accordingly as the proof or the state of the pleadings warrant, the court shall find and adjudge the name and individual identity of each and all the persons who take or were entitled to take such real property and the proportion or part thereof whi…

Such decree or judgment shall be conclusive as to the rights of such devisees, or heirs at law of such deceased person, or grantees in such deed or patent, and of their heirs, executors, administrators, devisees, trustees, and assigns, immediate and remote, in and to such real pr…

Unless the person by whom the interest was created or from whom it would have been received has otherwise provided by will or other appropriate instrument with reference to the possibility of a disclaimer by the beneficiary, the interest disclaimed shall descend, be distributed o…

in petition. When such petition is filed, the party may proceed to make service by publication upon such defendants, in the manner following: The publication notice must, in such case, be addressed in terms, to "the heirs, executors, administrators, devisees, trustees and assigns…

Service by publication in such cases shall be deemed complete when it shall have been made in the manner and for the times prescribed in this section. Proof of the publication of the notice shall be made by the affidavit of the printer, or his foreman, or principal clerk, or othe…

right to disclaim in certain cases. Nothing included in this act shall be deemed to amend, repeal or abrogate in any manner Title 24 O.S. 1971, Sections 101 through 111, inclusive. Any voluntary assignment or transfer of, or contract to assign or transfer, an interest in real or …

Subject to the provisions of Sections 271.1 through 277 of this title, the estate or property of any person shall escheat to and vest in the state if: 1. Such person die seized of any real property, including minerals or mineral interests, or possessed of any personal estate, wit…

If the proceeds or other intangible property interest from any mineral interests are abandoned for a period of fifteen (15) years, as provided for in the Uniform Unclaimed Property Act, then the mineral interest which generates the intangible property interest shall not be subjec…

attorney. Where the Attorney General of this state or the district attorney of any county shall be informed, or have reason to believe that the title to any real or personal property has vested in this state, or is subject to sale, under Section 271 or 271.1 of this title, the At…

Upon the filing of the petition in an action authorized to be brought pursuant to Section 271.1 or 273 of this title, the clerk of the court shall issue summons as in other civil cases, requiring the persons named to appear and answer as in other civil cases, and in like manner t…

All persons named in such petition as tenants or persons in actual possession, or claimants of the property, or any part of the same, may appear and plead to such proceeding, and therein may traverse the facts stated in the petition, the title of the state to the lands and proper…

In case a judgment is rendered in favor of the state in such proceedings, a writ shall be issued to the sheriff, or any constable, of the proper county commanding the seizure of such property, and if the same be personal property, it shall be sold at public auction in the manner …

Any person who shall have appeared in any such proceedings in the district court, or the Attorney-General of the state or district attorney on behalf of the state, shall have the right to prosecute an appeal to the Supreme Court of the state from any judgment rendered under this …

Spouse of disclaimant. The right to disclaim granted by this act shall exist irrespective of any limitation imposed on the interest of the disclaimant in the nature of an express or implied spendthrift provision or similar restriction. A disclaimer, when filed as provided in this…

This act shall not abridge the right of any person, apart from this act, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest. Added by Laws 1973, c. 158, § 8.

administration expenses and allowances. The property of a testator, except as otherwise especially provided in this code and in the chapter on civil procedure must be resorted to for the payment of debts in the following order: 1. The property which is expressly appropriated by t…

disclaim. Any interest which exists on the effective date of this act but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be thereafter disclaimed in the manner provided herein. Added by…

established by written instrument independently of will - Permissible terms and conditions. A. Unless otherwise provided by subsection B of this section, a devise or bequest made by a will executed on or after November 1, 1961, the validity of which is determinable by the law of …

This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Laws 1961, p. 637, § 3.

This act may be cited as the Uniform Testamentary Additions to Trusts Act. Added by Laws 1961, p. 637, § 4.

beneficiary. A policy of life insurance may designate as beneficiary a trustee or trustees named by will, if the designation is made in accordance with the provisions of the policy and the requirements of the insurance company. The trustee or trustees may be appointed immediately…

The proceeds of the insurance as received by the trustee or trustees shall not be subject to debts of the insured nor to transfer or estate tax to any greater extent than if such proceeds were payable to the beneficiary or beneficiaries named in the trust and not to the estate of…

Such insurance proceeds so held in trust may be commingled with any other assets which may properly come into such trust. Laws 1967, c. 79, § 3, emerg. eff. April 18, 1967.

Nothing in this act shall affect the validity of any life insurance policy beneficiary designation heretofore made naming trustees of trust established by will. Laws 1967, c. 79, § 4, emerg. eff. April 18, 1967.

An interest in trust may be disclaimed by written instrument signed by the trustee and income beneficiary of the trust, without judicial approval and without liability of the trustee to persons having interest becoming effective after the death of the income beneficiary, but only…

This act shall be known and may be cited as the “Uniform International Wills Act”. Added by Laws 2010, c. 383, § 1, eff. Nov. 1, 2010.

As used in the Uniform International Wills Act: 1. “International will” means a will executed in conformity with the Uniform International Wills Act; and 2. “Authorized person” and “person authorized to act in connection with international wills” mean a person who by Section 10 o…

The property of a testator, except as otherwise specially provided in this code and under civil procedure, must be resorted to for the payment of legacies in the following order: 1. The property which is expressly appropriated by the will for the payment of the legacies. 2. Prope…

guardianship or conservatorship. A. Every person over the age of eighteen (18) years of sound mind may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in this title, being chargeable in both cases wi…

A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. R.L.1910, § 8339.

A will or part of a will procured to be made by duress, menace, fraud or undue influence, may be denied probate; and a revocation procured by the same means, may be declared void. R.L.1910, § 8340.

spouse - Homestead. A. Every estate in property may be disposed of by will; provided however, that a will shall be subservient to any antenuptial marriage contract in writing; but no spouse shall bequeath or devise away from the other so much of the estate of the testator that th…

corporation. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except that no corporation can take under a will, unless expressly authorized by its charter or by statute so to take. R.L.1910, § 8342.

To make a nuncupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed: 1. The estate bequeathed must not exceed in value the sum of One Thousand Dollars ($1,000.00). 2. It must be proved by two witnesses who were present at the m…

Legacies to husband, widow or kindred of any class, are chargeable only after legacies to persons not related to the testator. R.L.1910, § 8321.

A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. R.L.1910, § 8344.

A conjoint or mutual will is valid, but it may be revoked by any of the testators in like manner with any other will. R.L.1910, § 8345.

A will, the validity of which is made by its own terms conditional, may be denied probate, according to the event, with reference to the condition. R.L.1910, § 8346.

A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this State, and need not be witnessed. R.L.1910, § 8347.

Every will, other than a nuncupative will, must be in writing; and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person, in his presence and …

A witness to a written will must write, with his name, his place of residence; and a person who subscribed the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will. R.L.1910, …

The execution of a codicil referring to a previous will has the effect to republish the will as modified by the codicil. R.L.1910, § 8350.

Abatement takes place in any class only as between legacies of that class, unless a different intention is expressed in the will. R.L.1910, § 8322.

devised. In a specific devise or legacy, the title passes by the will, but possession can only be obtained from the personal representative; and he may be authorized by the district court to sell the property devised or bequeathed, in the cases herein provided. R.L.1910, § 8323.

A will, or a revocation thereof, made out of this state by a person not having his domicile in this state; is as valid when executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this state,…