OKLAHOMA INTESTATE INHERITANCE

Oklahoma Inheritance Rules Made Simple

Use this primer to get a quick, clear overview of how property passes in Oklahoma—whether you have a will, want to exercise your spousal share, or just need to know who inherits if you don’t have a plan.

1. Spousal Elective Share

Even if your will leaves you nothing, Oklahoma law protects a surviving spouse:

Elective Share (%): 50% of the estate’s “augmented estate.”
Augmented Estate includes probate property plus certain non‑probate gifts (e.g., joint accounts, transfers within one year of death).
Where to Find It: Okla. Stat. tit. 84 § 43 et seq.

Tip: If your spouse’s will or trust disinherits you, you can claim this share within six months of probate’s opening.

2. Intestate Succession (No Will)

  
    If you die with:
    Here’s what happens:
  
    Children but no spouse
    Children inherit everything
  
    Spouse but no descendants, parents, or siblings
    Spouse inherits everything
  
    Spouse and descendants from you and that spouse
    
      Spouse inherits ½ of your intestate property

      Your descendants inherit everything else
    
    Spouse and at least one descendant from you and someone other than that spouse
    
      Spouse inherits ½ of all property acquired by joint effort during your marriage and splits the remaining intestate property equally with your descendants

      Descendants inherit everything else
    
    Spouse and parents
    
      Spouse inherits all the property acquired by joint effort during marriage, plus ⅓ of the remaining intestate property

      Parents inherit everything else
    
    Spouse and siblings
    
      Spouse inherits all the property acquired by joint effort during your marriage, plus ⅓ of the remaining intestate property

      Siblings inherit everything else
    
    Parents but no spouse or descendants
    Parents inherit everything
  
    Siblings but no spouse, descendants, or parents
    Siblings inherit everything

3. Who Counts as a "Sibling"?

Under Okla. Stat. tit. 84 § 31, “siblings” include:

Full siblings
Half‑siblings (share one parent)
Adopted siblings count equally; foster siblings do not automatically inherit.

4. Per Stirpes vs. Per Capita

Per Stirpes (by branch): Each branch of the family takes the share their ancestor would have taken.
Per Capita (by head): Everyone in the same generation shares equally.

Oklahoma’s Intestate Rules use per stirpes at every generation.

5. Key Takeaways

Always Check for a Will or Trust: Even a simple affidavit of heirs can change distribution.
Spousal Protections: Surviving spouses can’t be disinherited below the elective share.
Know Your Heirs: Half‑siblings and adopted children have standing; foster relationships do not.
Timeline: Probate typically takes 6–12 months if uncontested.

6. Next Steps

Review your current estate plan—does it align with Oklahoma’s default rules?
Identify all potential heirs and beneficiaries.
Consider whether a trust structure might better protect your family.

Need help tailoring your plan to avoid Oklahoma’s Intestate Rules?

—Gavin Fouts, Esq.
Pioneer Estate Planning
(405) 215‑9222
www.pioneerestateplanning.com

This primer is for general informational purposes and not legal advice. Always consult an attorney to review your specific situation.