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Oklahoma law

Estate Planning Laws in Oklahoma.

Oklahoma estate administration runs through the District Court. Oklahoma has NOT adopted the Uniform Probate Code. Oklahoma recognizes holographic wills (wholly in testator's handwriting, signed, and dated). Oklahoma provides simplified administration for small estates and a Summary Administration procedure. Oklahoma has adopted the Oklahoma Uniform Trust Code (Title 60, Chapter 16). Oklahoma is not a community-property state. Oklahoma has no state estate tax and no state inheritance tax.

Last verified: 2026-04-17

State law

Key Oklahoma Statutes

Execution of Wills84 Okla. Stat. § 55

A will must be in writing, signed by the testator (or another in testator's presence at testator's direction), and attested by two or more competent witnesses.

Holographic Wills84 Okla. Stat. § 54

A holographic will is valid if entirely written, dated, and signed in the testator's handwriting. Witnesses are NOT required.

Summary Administration58 Okla. Stat. §§ 245-247

Available for estates under $200,000. Simplified process that concludes administration within approximately 60 days of filing.

Small Estate Affidavit58 Okla. Stat. § 393

Personal property of a decedent with aggregate value not exceeding $50,000 may be transferred by affidavit 10 days after death.

Oklahoma Uniform Trust Code60 Okla. Stat. §§ 175.1 et seq. and Uniform Trust Code provisions

Oklahoma has adopted modernized trust code provisions governing trust creation, modification, termination, and administration.

Spousal Election84 Okla. Stat. § 44

Surviving spouse may elect against the will. Under Oklahoma's distinctive rule, the spouse takes one-half of the property acquired through joint industry during marriage (quasi-community property concept).

Transfer on Death Deed58 Okla. Stat. §§ 1251 et seq.

Oklahoma permits real-property transfer on death via a recorded Transfer on Death Deed. Property passes automatically at death outside of probate.

No State Estate or Inheritance TaxOklahoma imposes neither tax

Oklahoma has no estate tax and no inheritance tax.

Advance Directive for Health Care63 Okla. Stat. §§ 3101 et seq. (Oklahoma Advance Directive Act)

Statutory form authorizing living will and health care proxy designation.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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