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The short answer is no! In Oklahoma, if you are married when you die, your surviving spouse can either (1) take what you leave to her or him under your Will or a Trust, or (2) elect against the Will (which includes a trust).
What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testators direction and in their presence. The will must be docHubd.
Marriage automatically revokes a will that has been made previously, leaving it invalid. This means that if you have a will written out and have since married or remarried, you will need to revisit this document to ensure that your estate will still be passed on as you wish.
The spouse will receive all property held in joint tenancy with right of survivorship by the couple, but not the deceaseds full share of property held as tenants in common or in the deceaseds name alone. Only if the deceased has no descendants and no parents or siblings will the spouse inherit the entire estate.
Q: Is a handwritten will valid? A: Under Oklahoma law, a will that is entirely written, dated and signed in your own handwriting and that contains no typed or printed portion is valid.
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Yes, you still need the probate in Oklahoma even if you have a will. One purpose of probate is to determine if the will is valid. Another purpose is to begin the Oklahoma probate creditor statute of limitations. However, depending on the circumstances, you may qualify for another type of probate.
The Will must be in writing. This means that a Will can by typed or handwritten. If the Will is handwritten, it must be remembered that the person who writes the Will is not allowed to be mentioned as a beneficiary in that specific Will. Each page of the Will, including the last page, must be signed by the testator.
Regardless of the type of will which is chosen, the testator must be of legal age, must be mentally competent, and must be free from fraud, duress, or undue influence which might affect will provisions. In Oklahoma, individuals must be at least 18 years old to make a valid will.
There are four main requirements to the formation of a valid will: The will must have been executed with testamentary intent; The testator must have had testamentary capacity: The will must have been executed free of fraud, duress, undue influence or mistake; and.
Under Oklahoma law, a will must be filed with the court within 30 days after the death of the testator.

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