OK risk area

Intestacy risk in Oklahoma

How assets are distributed when there is no will and state default rules control the outcome.

Oklahoma intestacy gives the surviving spouse the entire estate if there are no children or parents, but otherwise splits the estate between the spouse, descendants, or parents based on the decedent’s family.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If there are no children and no surviving parents, the spouse inherits the entire estate.
If there are children, the spouse inherits an equal share with each child.
If there are no children but a parent survives, the spouse receives one-half and the parent receives one-half.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Questions to consider

Questions this risk area helps you evaluate in Oklahoma

Who inherits first if there is no will?
How do spouse and children shares change by scenario?
What are the most common surprises families face?

State overview

If there are no children and no surviving parents, the spouse inherits the entire estate.
If there are children, the spouse inherits an equal share with each child.
If there are no children but a parent survives, the spouse receives one-half and the parent receives one-half.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in Oklahoma.

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