Estate plan

Oklahoma

Everything to plan your estate in Oklahoma: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

2W

Trust

POA

HC Directive

2W

E-will

Adopted

Since 2024

RON

Since 2019

Remote online notarization

ROW

Some documents

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
News

Recent changes in Oklahoma

E-Will

Oklahoma adopts the Uniform Electronic Estate Planning Documents Act

UEEPDA becomes effective, authorizing electronic execution of wills, trusts, and powers of attorney in Oklahoma.

1

Will

Okla. Stat. tit. 84, §41 et seq.

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

ViewSelf-proving affidavit wording
State of Oklahoma County of _______________ Before me, the undersigned authority, on this day personally appeared {testatorName}, the Testator, and _______________ and _______________, the subscribing Witnesses, all of whom being by me duly sworn, the Testator declared to me and to the Witnesses, in my presence, that the foregoing instrument is the Testator's Last Will and Testament, that the Testator willingly signed and executed it as a free and voluntary act for the purposes therein expressed, and that the Testator is 18 years of age or older, of sound mind, and under no constraint or undue influence. Each Witness, in the presence and hearing of the Testator, declared that the Testator signed (or acknowledged the Testator's earlier signature on) the instrument in the Witness's presence, that the Witness signed the instrument as a witness in the presence of the Testator, that to the best of the Witness's knowledge the Testator is 18 years of age or older, of sound mind, and acting freely and voluntarily without duress, fraud, or undue influence, and that the Witness is at least eighteen years of age and otherwise competent to be a witness. Subscribed, sworn to, and acknowledged before me by {testatorName}, the Testator, and by _______________ and _______________, the Witnesses, this _____ day of ______________, 20____. (84 O.S. § 55(5))
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

Okla. Stat. tit. 58, §§3001-3045

Witnesses: None required

No witnesses required for power of attorney

Notarization: Recommended

Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.

State-specific notes

Acknowledged before a notary public. Okla. Stat. tit. 58, §3005. The acknowledgment creates a presumption of genuineness and is required for §3013 third-party acceptance and recording, but a non-acknowledged POA remains valid between principal and agent.
Durability is presumed unless the instrument states otherwise
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in 58 O.S. §§3001-3045 (Oklahoma Uniform Power of Attorney Act). This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless the power of attorney provides otherwise, your agent has the power to act on your behalf for all matters covered by this instrument, even if you are able to act for yourself. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. Your agent is required to act in accordance with your reasonable expectations to the extent actually known by your agent and, otherwise, in your best interest, to act in good faith, and to act only within the scope of authority granted in the power of attorney. The law that governs powers of attorney is contained in 58 O.S. §§3001-3045. If you have any questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT (Okla. Stat. tit. 58, §3014) Agent's Duties: When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the Principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must (1) do what you know the Principal reasonably expects you to do with the Principal's property or, where there is no specific expectation known to you, act in the Principal's best interest; (2) act in good faith; (3) do nothing beyond the authority granted in this Power of Attorney; and (4) disclose your identity as an agent or attorney-in-fact whenever you act for the Principal by writing or printing the name of the Principal and signing your own name "as agent" in the following manner: "(Principal's Name) by (Your Signature) as Agent." Unless the Principal has specified otherwise in this Power of Attorney or you agree otherwise with the Principal in writing, you must also (a) act loyally for the Principal's benefit; (b) avoid conflicts that would impair your ability to act in the Principal's best interest; (c) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (d) keep a record of all receipts, disbursements, and transactions made on behalf of the Principal; (e) cooperate with any person who has authority to make health care decisions for the Principal to carry out the Principal's reasonable expectations to the extent actually known by you and, otherwise, act in the Principal's best interest; and (f) attempt to preserve the Principal's estate plan, to the extent actually known by you, if preserving the plan is consistent with the Principal's best interest. Termination of an agent's authority or of a Power of Attorney is not effective as to the agent or another person who, without actual knowledge of the termination, acts in good faith under the Power of Attorney. An act so performed, unless otherwise invalid or unenforceable, binds the Principal and the Principal's successors in interest. An agent that violates the Oklahoma Uniform Power of Attorney Act (58 O.S. §§3001-3045) is liable to the Principal or the Principal's successors in interest for the amount required to (1) restore the value of the Principal's property to what it would have been had the violation not occurred and (2) reimburse the Principal or the Principal's successors in interest for the attorney fees and costs paid on the agent's behalf. If you have any questions about your duties under this Power of Attorney, or about the meaning of this notice, you should consult an attorney before acting.
4

Advance Directive for Health Care

Okla. Stat. tit. 63 §3101.1 et seq.

Witnesses: 2 required

Two witnesses required. Okla. Stat. tit. 63, §3101.4

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Witnesses cannot be the agent or heirs
Plus

6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free
Plus
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime, stored in your account
Annual review reminder
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Electronic will status

Oklahoma has adopted electronic will legislation (2024). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

Oklahoma has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Oklahoma authorized RON in 2019.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Oklahoma allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present.

Will

Allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

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.

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