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Estate & Probate » Estate Planning » Last Will & Testament

Last Will & Testament Lawyer

Estate planning lawyer Jim A. Lyon proudly
serves Oklahoma City

A Last Will and Testament, which is also sometimes referred to as a Testamentary Will, is a group of estate planning tools that set forth an individual’s desires for his or her personal property. There are a number of unique situations that require wills to be written in certain ways including when individual are married with children or without children, when individuals have children but are not married, when individuals are single and do not have children, and in many other special circumstances. If you or a loved one requires assistance with a last will and testament, our law firm is committed to creating the strongest estate planning tools possible.

Types of wills in the state of Oklahoma

There are several types of wills that exist in the state of Oklahoma, which include the following:

Holographic Wills: These wills are written entirely in the testator’s own handwriting and then dated and signed. In many cases, holographic wills are considered unlawful by a court of law because they fail to meet applicable requirements.
Oral Wills: No matter how these wills are created, oral wills are not considered valid by courts of law. To avoid pre-established laws in the state of Oklahoma dictating how a person’s estate is administered, a person must make sure to have a written will.
Self Proving Wills: These wills are called self-proving because the testator or creator of the will is in the company of two adult witnesses. These witnesses serve to attest that the testator actually signed the will. The testator and witnesses also agree that at the time of signing the will, the testator was of sound mind and had the mental competency to sign the will. After this signing, a notary certifies the signatures of both the testator and witnesses. Provided that these requirements are met, the will can later proceed through the probate process without witnesses being required to testify that the signing occurred.
Standard Wills: A will is considered standard if two unrelated witnesses exist but the testator and witnesses are not required to take an oath like in the case of a self proving will. At least one of the witnesses must testify about the signing of the will before the will is capable of being admitted to probate.

Because of the complexities of wills and their execution, it’s best to seek counsel from an experienced Oklahoma City estate lawyer if you have any questions about how your wishes will be honored.

The limitations of a will

There are some important limitations to a will in the state of Oklahoma, which include the following:

Beneficiary Designations: Wills do not change beneficiary designations, which means that the power to name beneficiaries is found in other documents including bank accounts and insurance policies.
Wills Must be Probated: Wills almost always must be probated by a judge for the terms of the will be to be fully carried out. Many individuals who use trusts do so because trusts allow individuals to avoid the probate process.
Wills Only Become Effective After a Person’s Death: Because wills are not effective until after a person’s death, a person cannot be certain that a will is executed in exact accordance with their wishes.

Last Will & Testament Lawyer in Oklahoma City

Preparing a Last Will and Testament in Oklahoma City is one of the most important steps you can take to ensure that your property and wishes are honored after your passing. The Jim A. Lyon Law Firm provides experienced legal guidance to individuals and families who want to create a will that reflects their goals, protects their loved ones, and complies fully with Oklahoma law.

With over 40 years of experience, Attorney Jim A. Lyon has helped clients throughout Oklahoma draft, review, and execute wills that stand up to legal scrutiny. Whether your estate is straightforward or involves complex assets such as real estate, oil and gas interests, or business holdings, our firm will provide the personal attention and careful planning your situation requires.

The Importance of Having a Last Will and Testament

A Last Will and Testament is a legal document that specifies how your property will be distributed after your death. Without a valid will, your estate will be distributed according to Oklahoma’s intestate succession laws, which may not reflect your true intentions.

A properly drafted will allows you to:

Designate who will inherit your property and assets
Name a guardian for minor children
Appoint a personal representative to manage your estate
Ensure charitable gifts or special bequests are carried out
Reduce family disputes by providing clear instructions

Having a legally sound will gives you control over your legacy and peace of mind knowing that your loved ones are protected.

Types of Wills Recognized in Oklahoma

Oklahoma law allows several types of wills, but not all are equally reliable or enforceable. Working with a last will and testament attorney in Oklahoma City ensures that your will meets all legal requirements and avoids potential challenges during probate.

Holographic Wills

A holographic will is entirely handwritten, dated, and signed by the testator. While Oklahoma recognizes these wills under specific circumstances, they are often disputed because they may not meet the necessary formalities. Errors in wording or execution can render them invalid, so it is generally safer to have a professionally drafted will.

Self-Proving Wills

A self-proving will is the most common and recommended form in Oklahoma. It is signed in the presence of two adult witnesses who also sign to confirm that the testator is of sound mind. A notary public then certifies the signatures. Because this process provides legal verification, a self-proving will typically move through probate more efficiently.

Standard Wills

Standard wills are similar to self-proving wills but do not include notarization. They still require two unrelated witnesses who must testify in court during probation. While valid, they often take longer to prove since witnesses may be required to confirm the signing.

Oral Wills

Oral or spoken wills are not recognized as valid in Oklahoma. Any testamentary wishes stated verbally, even in the presence of witnesses, will not be legally binding. It is essential to have a written, properly executed will to ensure your intentions are honored.

Given the complexities of Oklahoma’s will laws, consulting with a qualified last will and testament attorney Oklahoma City can help you choose the right type of will for your circumstances and avoid costly errors.

Understanding the Limitations of a Will

While a will is a powerful estate planning tool, it does have limitations that should be considered as part of your broader estate plan.

1. Beneficiary Designations

A will cannot override beneficiary designations listed on other documents such as retirement accounts, life insurance policies, or payable-on-death bank accounts. These designations take precedence, so it is crucial to keep them updated and aligned with your estate plan.

2. Probate Requirement

Most wills must go through the probate process before assets can be distributed. Probate is a court-supervised procedure that validates the will, settles debts, and ensures the estate is administered properly. Although probate is often necessary, certain estate planning strategies—such as creating a trust—can minimize or avoid it.

3. Becomes Effective Only After Death

A will takes effect only upon the testator’s death. It cannot control property or decision-making during the person’s lifetime. For comprehensive planning, individuals should also consider creating powers of attorney and living wills to handle matters while they are still alive.

Our firm helps clients understand these limitations and often integrates wills with other estate planning tools like trusts, powers of attorney, and advance directives to provide complete protection.

Why Work With Jim A. Lyon Law Firm

Choosing the right law firm to prepare your Last Will and Testament in Oklahoma City ensures your document is both legally sound and tailored to your specific needs.

Here’s why clients trust us with their estate planning matters:

Over 40 Years of Experience: Attorney Jim A. Lyon has extensive experience drafting wills, trusts, and estate plans that hold up in court and reflect clients’ personal goals.
Personalized Legal Guidance: Every client receives direct attention and customized solutions based on family circumstances, financial situations, and asset types.
Comprehensive Knowledge: Our firm’s experience spans related areas such as probate, inheritance, and oil and gas law, making us uniquely qualified to handle complex estates.
Commitment to Integrity: We provide honest, reliable advice and ensure every document complies fully with Oklahoma’s legal requirements.

We believe every will should be more than a formality. It should be a precise reflection of your intentions and a lasting safeguard for your family’s future.

Integrating Wills With Broader Estate Planning

A well-prepared will is often part of a complete estate plan that includes additional legal tools for long-term protection. Our firm helps clients combine wills with strategies such as:

Estate Planning: Structuring comprehensive plans that include wills, trusts, and tax strategies.
Probate Law: Guiding families through probate and ensuring the testator’s wishes are honored.
Inheritance Law: Resolving disputes and assisting heirs with their inheritance rights.
Real Estate Law: Managing property transfers and title issues within estate settlements.

This integrated approach ensures that all aspects of your estate are aligned and that your family’s future is protected from unnecessary complications.

Contact a Last Will & Testament Lawyer in Oklahoma City Today

Creating or updating your will is one of the most important steps you can take to protect your loved ones and your legacy. Whether you are preparing your first will or revising an existing one, the Jim A. Lyon Law Firm can provide the legal experience and personalized attention you need. Contact us at (405) 843-0461 to schedule a confidential consultation with an experienced last will and testament attorney in Oklahoma City. We proudly serve clients throughout Oklahoma and assist families across the country with estate and probate matters involving Oklahoma assets.