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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.
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.
Under Oklahoma law, a will must be filed with the court within 30 days after the death of the testator.
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.
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.
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The basic requirements for an Oklahoma last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his direction.
Under Oklahoma law, a will must be filed with the court within 30 days after the death of the testator.
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.
A will must be filed with the court in the county where the deceased person lived at the time of their death. This step allows the court to validate the will if necessary and to ensure the wishes of the decedent are carried out.
If there is no will, this is referred to as dying intestate. Oklahoma intestacy law determines how the assets will be distributed since there is no valid will. Probate must still take place. A Petition for Probate must still be filed in the county where the decedent was a resident at the time of their death.

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