Title 84 — Title 84 — Wills and Succession

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,…

No will or revocation is valid unless executed either according to the provisions of this article, or according to the law of the place in which it was made, or in which the testator was at the time domiciled. R.L.1910, § 8352.

Whenever a will or a revocation thereof is duly executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, the same is regulated as to the validity of its execution, by the law of such place, notwithstanding that the…

The rights of a purchaser or encumbrancer of real property in good faith, and for value, derived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless the instrument containing such devise has …

Every judge of the district court must deposit in his office any will delivered to him for that purpose, and give a written receipt to the depositor; and must enclose such will in a sealed wrapper, so that it cannot be read, and endorse thereon the name of the testator, his resid…

A will deposited under the provisions of the last section must be delivered only: 1. To the testator in person. 2. Upon his written order, duly proved by the oath of a subscribing witness. 3. After his death, to the person, if any, name in the endorsement on the wrapper of the wi…

death. The judge of the district court with whom a will is deposited, or to whom it is delivered, must, after the death of the testator, publicly open and examine the will and file in his office, there to remain until duly proved, or to deliver it to the judge of the district cou…

A. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of the Uni…

A. The will must be made in writing. It need not be written by the testator him or herself. It may be written in any language, by hand or by any other means. B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with intern…

A. The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on behalf of the testator or, if there is no such person, by the authorized pers…

will. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of the Uniform International Wills Act for valid execution of an international will have been fulfilled. The authorized person shall keep a …

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under the Uniform International Wills Act. The absence or irregularity of a certificate does not affect the formal validity of a w…

An international will is subject to the ordinary rules of revocation of wills. Added by Laws 2010, c. 383, § 8, eff. Nov. 1, 2010.

The Uniform International Wills Act derives from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying the Uniform International Wills Act, regard shall be had to its international origin and to the nee…

Individuals who have been admitted to practice law before the courts of this state and are currently licensed to do so are authorized persons in relation to international wills. Added by Laws 2010, c. 383, § 10, eff. Nov. 1, 2010.

Where specific legacies are for life only, the first legatees must sign and deliver to the second legatee, or, if there is none, to the personal representative, an inventory of the property, expressing that the same is in his custody for life only, and that, on his decease, it is…

Documents Act. Sections 1 through 10 of this act shall be known and may be cited as the “Oklahoma Uniform Electronic Estate Planning Documents Act”. Added by Laws 2024, c. 344, § 1, eff. Nov. 1, 2024.

As used in the Uniform Electronic Estate Planning Documents Act: 1. “Communication technology” means an electronic device or process that: a. allows two or more individuals to communicate with each other simultaneously by sight and sound, or b. when necessary and consistent with …

An electronic will is a will for all purposes of the laws of this state. The laws of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this act. Added by Laws 2024, c. 344, § 3, eff. Nov. 1, 2024.

A will executed electronically but not in compliance with subsection A of Section 5 of this act is an electronic will under this act if executed in compliance with the law of the jurisdiction where the testator is: 1. Physically located when the will is signed; or 2. Domiciled or…

A. Subject to subsection D of Section 7 of this act, an electronic will must be: 1. A record that is readable as text at the time of signing under paragraph 2 of this subsection; 2. Signed by: a. the testator, or b. another individual in the testator’s name, in the testator’s phy…

A. An electronic will may revoke all or part of a previous will. B. All or part of an electronic will is revoked by: 1. A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or 2. A physical act, if it is established by a preponderance o…

A. An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. B. The acknowledgment and affidavits under subsection A of this section must be: 1. Made before an officer authorized to admini…

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper cop…

A. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. B. Nothing in this act is intended to alter Oklahoma law regarding testamentary instruments exec…

A lost or destroyed will of real or personal property, or both, may be established in the cases provided by law. R.L.1910, § 8357.

This act applies to the will of a decedent who dies on or after the effective date of this act. Added by Laws 2024, c. 344, § 10, eff. Nov. 1, 2024.

Act. Sections 11 through 27 of this act shall be known and may be cited as the “Uniform Electronic Estate Planning Documents Act”. Added by Laws 2024, c. 344, § 11, eff. Nov. 1, 2024.

As used in the Uniform Electronic Estate Planning Documents Act: 1. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 2. “Electronic record” means a record created, generated, sent, communi…

This act shall be construed and applied to facilitate electronic estate planning documents and signatures consistent with other law and be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices. Added by Laws…

A. Except as provided in subsection B of this section, this act shall apply to an electronic non-testamentary estate planning document and an electronic signature on a non-testamentary estate planning document. B. This act shall not apply to a non-testamentary estate planning doc…

The law of this state and principles of equity applicable to a non-testamentary estate planning document shall apply to an electronic non-testamentary estate planning document except as modified by this act. Added by Laws 2024, c. 344, § 15, eff. Nov. 1, 2024.

A. This act shall not require a non-testamentary estate planning document or signature on a non-testamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. B. A per…

Document and Electronic Signature. A. A non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form. B. If other laws of this state require a non-t…

signature. A. An electronic non-testamentary estate planning document or electronic signature on an electronic non-testamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner including by show…

If the laws of this state require a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement shall be satisfied with respect to an electronic non- testamentary estate planning document if an individual authorized to perform the notarization…

A. If the laws of this state base the validity of a non- testamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. B. For the purposes of this subsec…

A. Except as provided in subsection B of this section, if the laws of this state require an electronic non-testamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electroni…

An individual may create a certified paper copy of an electronic non-testamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. Added by Laws 2024, c. 344, § 22, eff. Nov. 1, 2024.

Evidence relating to an electronic non-testamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because such evidence is in electronic form. Added by Laws 2024, c. 344, § 23, eff. Nov. 1, 2024.

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Added by Laws 2024, c. 344, § 24, eff. Nov. 1, 2024.

Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the not…

documents. This act shall apply to an electronic non-testamentary estate planning document created, signed, generated, sent, communicated, received, or stored prior to, on, or after the effective date of this act. Added by Laws 2024, c. 344, § 26, eff. Nov. 1, 2024.

If a provision of this act or its application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision. Added by Laws 2024, c. 344, § 27, eff. Nov. 1, 2024.