Yes, you can absolutely write your own will without a lawyer in Oklahoma. However, your will must meet very specific requirements in order to be legally valid. Failure to follow the rules or meet all the requirements could invalidate your will and cause issues with your estate that you may not have anticipated.
While there is no legal requirement that an attorney help you write your will, consulting with an experienced estate planning attorney in Oklahoma City is always a good idea. An attorney can help ensure that your will meets all the legal requirements so that your estate is handled according to your wishes. If you still want to write your own will, keep reading below to learn all the details about what you need to do.
Are DIY Wills Legal in Oklahoma?
Yes, a DIY will is legal in Oklahoma as long as it meets all the legal requirements. When you write your own will, you may hear this referred to as a “do-it-yourself” will, or simply a DIY will. This process allows you to create your own will without hiring a lawyer, and this can save you time and money.
A DIY will does not even have to be notarized in some cases, although having a notary stamp on your will can give it extra credibility and can potentially help avoid legal challenges. While DIY wills are legal in Oklahoma, missing provisions or unclear wording can present challenges. This could add complexity to your estate administration, and it might end up costing your family time and money.
Legal Requirements for DIY Wills in Oklahoma
There are two main types of DIY wills that you may decide to utilize. The requirements are different for each, so make sure that you are familiar with the requirements for your specific situation. The first is a traditional will that is simply written or created on your own. These wills are typically typed and are considered more formal.
Even if you write your own will, you must sign the document, and your signature must be attested by two witnesses. If you are physically unable to sign the will on your own, someone else can sign for you as long as they do so in front of you and at your direction.
The two witnesses who watch you sign the document must also sign the will. These witnesses must be disinterested parties as well. This means that they cannot inherit anything from the will, and spouses of anyone set to inherit under the will also cannot witness the document.
Although your DIY will does not have to be notarized, doing so is considered a best practice because this allows you to make the will “self proving.” By adding specific language to the will and having both your signature and the witness signatures notarized, the probate process can be quicker and more efficient.
The second type of will that you may create on your own is known as a holographic will. This is a will that is completely handwritten by you. Holographic wills are valid in Oklahoma, but they must be:
- Completely written in your own handwriting
- Signed
- Dated
There is no requirement for a notary or witnesses to sign a holographic will. However, it is always wise to consult with an estate planning lawyer when creating an important document such as a will. Make sure you are familiar with the latest Oklahoma laws and rules so that the document you create will be valid and serve its intended purpose.
Who Can Make a Will in Oklahoma?
Not only must your will itself meet certain legal criteria, but you must also meet the criteria to be able to make a will in Oklahoma. In order to make a will, you must be:
- At least 18 years old
- Of sound mind
This means that you must be mentally competent enough to understand what property you own and the effects of the document you are creating. You do not have to be a U.S. citizen in order to make a will. If you are not mentally competent, then your will may not be legally binding.
Pros and Cons of Making a DIY Will
Just because you can legally write your own without a lawyer in Oklahoma does not always mean that it is the best approach. While making your own will can have some benefits, there are also some major drawbacks that you must consider. Some of the benefits of writing your own will are:
- Save money
- Quicker than hiring a lawyer
- You retain full control over your estate plan
- Can write your own will at any time
The benefit that most people find most attractive is the fact that they do not have to spend money hiring a lawyer. However, one mistake could end up costing you much more than you would spend on a lawyer. Some of the drawbacks of writing your own will are:
- You may create an invalid or incomplete document
- Complex family situations may not be considered and addressed in the will
- Failure to seek legal advice could mean that your estate plan is not optimized
- Your will might not meet all the legal requirements in Oklahoma
Before you decide to write your own will without consulting an attorney, make sure you are aware of the risks. While this can often save you a little money on the front end, you need to decide whether the risks are worth the savings. Writing a will that does not meet all the legal requirements or that is missing crucial provisions could have detrimental effects on the administration of your estate.
Protect Your Legacy With a Legally Sound Will
If you decide to write your own will, make sure you follow all the rules mentioned above. Your will should be signed, dated, and signed by two witnesses. If your will is 100% handwritten by you, then there is no requirement for witnesses to sign the document.
Having your will notarized is not a legal requirement, but it is usually always a good idea. The best thing to do when you need to create a will is to seek help from an experienced estate planning lawyer. Your lawyer can help you understand all your legal options and ensure that your will meets all the Oklahoma legal requirements as well as your needs. Contact the team at Helton Law Firm today to schedule an initial consultation and let us help you.