Trying to contest a will can be a challenging and emotional process. In Oklahoma, it requires swift action, valid legal grounds, and clear evidence. Here’s what you need to know if you’re considering challenging the validity of a will.
Do You Have Standing to Contest the Will?
Only certain individuals are legally able to contest a will in Oklahoma, including:
- Beneficiaries named in the will,
- Individuals named in a prior version of the will but later removed,
- Heirs under Oklahoma’s intestacy laws, and
- Creditors with valid claims against the estate.
If you’re not in one of these categories, the court will typically dismiss your challenge.
Know the Time Limit: File Within Three Months
You must file your contest within three months from the date the will is admitted to probate. Acting quickly is essential—missing this deadline usually forfeits your right to contest.
Grounds for Contesting a Will
Common legal reasons to contest a will in Oklahoma include:
- Lack of Testamentary Capacity: The testator (the person making the will) didn’t understand the nature and extent of their assets or the consequences of the document.
- Undue Influence: Another person unfairly pressured or manipulated the testator into making a will that doesn’t reflect their own wishes.
- Fraud, Duress, or Misconduct: Misrepresentation, coercion, or deception that distorted the testator’s intent.
- Improper Execution or Formalities: The will wasn’t signed or witnessed properly under Oklahoma law.
- Discovery of a Later Will: A more recent will exists that revokes or changes the one going through probate.
How to File Your Contest
- Prepare and file a sworn petition in the probate court that clearly states your legal grounds and includes supporting facts and evidence.
- Serve notice on all interested parties (e.g., other beneficiaries, heirs, and the executor).
- Participate in court proceedings: Through discovery, mediation, or trial, you’ll present evidence—such as medical records, witness testimony, or prior wills—to support your claim.
What Happens After Filing
If mediation fails or is not an option, the dispute may go to trial. You carry the burden of proving invalidity by clear and convincing evidence, which is a high standard. If the court finds the will invalid, it may admit a previous valid will or distribute assets according to intestacy laws.
Why You Should Consult an Attorney
The process is highly technical and usually contentious. A qualified probate attorney can:
- Evaluate whether you have valid grounds to contest the will,
- Help gather evidence and navigate court procedures,
- Advise on settlement or trial strategies, and
- Ensure all deadlines and formalities are properly met.
Tulsa Probate Lawyers
Challenging a will requires more than just emotion—it requires solid legal strategy and timely action. At Tulsa County Lawyers Group, we can help you understand your legal options. Get a free consultation from one of our attorneys by calling 918.379.4864, or you can ask an online question by following this link.
