The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Oklahoma Certification of Waiver by Attorney for Surviving Spouse
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FAQ
Oklahoma probate law provides surviving spouses with the right to continue to occupy their primary residence and also provides for an allowance to support the spouse and the couple's children regardless of the terms of the decedent's will.
In Oklahoma, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Oklahoma's statute of descent and distribution (legalese for what happens to property when someone dies without a will), located at Oklahoma Statutes title 84, section 213, provides in detail who receives what from a deceased person who left no will.
If the decedent leave no issue, the estate goes one-half (1/2) to the surviving husband or wife, and the remaining one-half (1/2) to the decedent's father or mother, or, if he leave both father and mother, to them in equal shares; but if there be no father or mother, then said remaining one-half (1/2) goes, in equal ...
In Oklahoma a simple form called a Transfer on Death Deed allows the owner of property to pass it on to another person without a Will, Trust or probate court.
If you do not leave a valid will, the court will distribute your property to your relatives in a certain order set out by law. This is called intestate succession. If you have no will, the laws of intestate succession apply.
Your spouse inherits all property acquired by joint effort during marriage and one-third of the remaining intestate property; your siblings inherit everything else. Your parents inherit everything your intestate property.
The key feature of this form of ownership is the right of survivorship. The last co-owner to die will hold title to the property in fee simple absolute individual ownership regardless of what the deceased co-owner's will provides and regardless of whether the surviving joint tenant is related to the deceased cotenant.