We all dream of a perfect world in estate planning where a will is crafted perfectly and goes through the Oklahoma probate court process without a hiccup. We also live in reality, however, where contesting a will is a common occurrence—especially when loved ones feel left out or a creditor believes it must be paid prior to the distribution of assets.

This process can create significant strife within families, leading to disputes over who should receive what from the estate. However, it’s essential to understand that only specific individuals have the legal right to contest a will in Oklahoma. Moreover, contesting a will does not guarantee a favorable outcome or an increase in inheritance.

Who is Legally Allowed to Contest a Will in Oklahoma?

Under Title 58 of Oklahoma’s statutes, the law outlines who is legally permitted to contest a will. The list includes anyone named as a beneficiary in the will, individuals named in a previous version of the will but later removed, legal heirs to estate assets, and creditors with outstanding debts. If someone outside these categories attempts to contest the will, the court will dismiss their claim. An interested party must contest a will within three months of its submission to the Oklahoma probate court to be considered.

How Does This Impact the Estate?

The impact of contesting a will on the estate hinges on whether the court finds merit in the contest. Valid claims require substantial evidence showing that some aspect of the estate planning process violated the law, that undue influence altered the will, or that excluding the individual would violate Oklahoma state laws.

One of the most common reasons for contesting a will is diminished mental capacity, often tied to claims of undue influence. If the person contesting the will is able to prove that the decedent was not of sound mind when making adjustments to their estate plan then the court may revert to a previous version created prior to the mental capacity and undue influence issues arose.

Creditors are one of the most frequent entities to contest Oklahoma wills due to unsatisfied debts. Creditors must make their claims to assets or funds prior to the distribution of assets in order to prevent situations where creditors come knocking at the doors of heirs and beneficiaries who have already received their inheritance.

Ultimately, contesting a will significantly impacts the estate only when the contestation proves lawful and justified.

Protect Your Estate With Pence Law Firm

Whether you are looking to fortify your estate against potential contestations or require assistance as the executor of an Oklahoma estate plan, Pence Law Firm provides legal counsel through the Oklahoma probate process. We frequently help individuals and families navigate these often contentious issues, ensuring a clear understanding of the law and its application to your specific situation. Contact our firm to defend your estate plan and prevent unauthorized parties from accessing assets.