Estate plan requirements

Oklahoma

Everything you need to create a valid estate plan in Oklahoma: wills, trusts, powers of attorney, and healthcare directives.

Will

2W

Trust

POA

N

Healthcare Dir.

2W

E-will

Not adopted

Online notary (RON)

Authorized

Since 2019

Remote witnessing (ROW)

Wills only

Since 2024

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: 2 required

Two attesting witnesses must sign in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Oklahoma

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public — Okla. Stat. tit. 58, §3005
Durability is presumed unless the instrument states otherwise
4

Healthcare Directive

Witnesses: 2 required

Oklahoma requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two witnesses required — Okla. Stat. tit. 63, §3101.4
Witnesses cannot be the agent or heirs

Electronic will status

Oklahoma has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Remote online notarization

Oklahoma authorized remote online notarization (RON) in 2019. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

Remote online witnessing

Oklahoma authorized remote online witnessing (ROW) in 2024. Witnesses can observe your will signing via live video call instead of being physically present. Other estate planning documents still require in-person witnesses.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Oklahoma for guidance specific to your situation.