{"data":{"id":"us-ok/okla.-stat.-tit.-84-84-213","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 84, § 84-213","heading":"Descent and distribution","body":"A. Prior to July 1, 1985, if any person having title to any\n\nestate not otherwise limited by marriage contract, dies without\n\ndisposing of the estate by will, it descends and must be distributed\n\nin the following manner:\n\nFirst. If the decedent leave a surviving husband or wife, and\n\nonly one child, or the lawful issue of one child, in equal shares to\n\nthe surviving husband, or wife and child, or issue of such child.\n\nIf the decedent leave a surviving husband or wife, and more than one\n\nchild living, or one child living and the lawful issue of one or\n\nmore deceased children, one-third (1/3) to the surviving husband or\n\nwife, and the remainder in equal shares to his children, and to the\n\nlawful issue of any deceased child, by right of representation; but\n\nif there be no child of the decedent living at his death, the\n\nremainder goes to all of his lineal descendants; and if all the\n\ndescendants are in the same degree of kindred to the decedent they\n\nshare equally, otherwise they take according to the right of\n\nrepresentation: Provided, that if the decedent shall have been\n\nmarried more than once, the spouse at the time of death shall\n\ninherit of the property not acquired during coverture with such\n\nspouse only an equal part with each of the living children of\n\ndecedent, and the lawful issue of any deceased child by right of\n\nrepresentation. If the decedent leave no surviving husband or wife,\n\nbut leaves issue, the whole estate goes to such issue, and if such\n\nissue consists of more than one child living or one child living,\n\nand the lawful issue of one or more deceased children, then the\n\nestate goes in equal shares to the children living, or to the child\n\nliving, and the issue of the deceased child or children by right of\n\nrepresentation.\n\nSecond. If the decedent leave no issue, the estate goes one-\n\nhalf (1/2) to the surviving husband or wife, and the remaining one-\n\nhalf (1/2) to the decedent's father or mother, or, if he leave both\n\nfather and mother, to them in equal shares; but if there be no\n\nfather or mother, then said remaining one-half (1/2) goes, in equal\n\nshares, to the brothers and sisters of the decedent, and to the\n\nchildren of any deceased brother or sister, by right of\n\nrepresentation. If decedent leave no issue, nor husband nor wife,\n\nthe estate must go to the father or mother, or if he leave both\n\nfather and mother, to them in equal shares: Provided, that in all\n\ncases where the property is acquired by the joint industry of\n\nhusband and wife during coverture, and there is no issue, the whole\n\nestate shall go to the survivor, at whose death, if any of the said\n\nproperty remain, one-half (1/2) of such property shall go to the\n\nheirs of the husband and one-half (1/2) to the heirs of the wife,\n\naccording to the right of representation.\n\nThird. If there be no issue, nor husband nor wife, nor father,\n\nnor mother, then in equal shares to the brothers and sisters of the\n\ndecedent, and to the children of any deceased brother or sister, by\n\nright of representation; if the deceased, being a minor, leave no\n\nissue, the estate must go to the parents equally, if living\n\ntogether, if not living together, to the parent having had the care\n\nof said deceased minor.\n\nFourth. If the decedent leave no issue nor husband, nor wife,\n\nnor father and no brother or sister is living at the time of his\n\ndeath, the estate goes to his mother to the exclusion of the issue,\n\nif any, of deceased brothers or sisters.\n\nFifth. If the decedent leave a surviving husband or wife, and\n\nno issue, and no father, nor mother, nor brother, nor sister, the\n\nwhole estate goes to the surviving husband or wife.\n\nSixth. If the decedent leave no issue, nor husband, nor wife,\n\nand no father or mother, or brother, or sister, the estate must go\n\nto the next of kin in equal degree, excepting that when there are\n\ntwo or more collateral kindred, in equal degree, but claiming\nusband or wife, and\n\nno issue, and no father, nor mother, nor brother, nor sister, the\n\nwhole estate goes to the surviving husband or wife.\n\nSixth. If the decedent leave no issue, nor husband, nor wife,\n\nand no father or mother, or brother, or sister, the estate must go\n\nto the next of kin in equal degree, excepting that when there are\n\ntwo or more collateral kindred, in equal degree, but claiming\n\nthrough different ancestors, those who claimed through the nearest\n\nancestors must be preferred to those claiming through an ancestor\n\nmore remote.\n\nSeventh. If the decedent leave several children, or one child\n\nand the issue of one or more children, and any such surviving child\n\ndies under age, and not having been married, all the estate that\n\ncame to the deceased child by inheritance from such decedent,\n\ndescends in equal shares to the other children of the same parent,\n\nand to the issue of any such other children who are dead, by right\n\nof representation.\n\nEighth. If, at the death of such child who dies under age, not\n\nhaving been married, all the other children of his parents are also\n\ndead, and any of them have left issue, the estate that came to such\n\nchild by inheritance from his parent descends to the issue of all\n\nother children of the same parent; and if all the issue are in the\n\nsame degree of kindred to the child, they share the estate equally,\n\notherwise, they take according to the right of representation.\n\nNinth. If the decedent leave no husband, wife, or kindred, the\n\nestate escheats to the state for the support of common schools.\n\nB. Beginning July 1, 1985, if any person having title to any\n\nestate not otherwise limited by any antenuptial marriage contract\n\ndies without disposing of the estate by will, such estate descends\n\nand shall be distributed in the following manner:\n\n1. If the decedent leaves a surviving spouse, the share of the\n\nestate passing to said spouse is:\n\na. if there is no surviving issue, parent, brother or\n\nsister, the entire estate, or\n\nb. if there is no surviving issue but the decedent is\n\nsurvived by a parent or parents, brother or sister:\n\n(1) all the property acquired by the joint industry\n\nof the husband and wife during coverture, and\n\n(2) an undivided one-third (1/3) interest in the\n\nremaining estate, or\n\nc. if there are surviving issue, all of whom are also\n\nissue of the surviving spouse:\n\nan undivided one-half (1/2) interest in all the\n\nproperty of the estate whether acquired by the\n\njoint industry of the husband and wife during\n\ncoverture or otherwise, or\n\nd. if there are surviving issue, one or more of whom are\n\nnot also issue of the surviving spouse:\n\n(1) an undivided one-half (1/2) interest in the\n\nproperty acquired by the joint industry of the\n\nhusband and wife during coverture, and\nivided one-half (1/2) interest in all the\n\nproperty of the estate whether acquired by the\n\njoint industry of the husband and wife during\n\ncoverture or otherwise, or\n\nd. if there are surviving issue, one or more of whom are\n\nnot also issue of the surviving spouse:\n\n(1) an undivided one-half (1/2) interest in the\n\nproperty acquired by the joint industry of the\n\nhusband and wife during coverture, and\n\n(2) an undivided equal part in the property of the\n\ndecedent not acquired by the joint industry of\n\nthe husband and wife during coverture with each\n\nof the living children of the decedent and the\n\nlawful issue of any deceased child by right of\n\nrepresentation;\n\n2. The share of the estate not passing to the surviving spouse\n\nor if there is no surviving spouse, the estate is to be distributed\n\nas follows:\n\na. in undivided equal shares to the surviving children of\n\nthe decedent and issue of any deceased child of the\n\ndecedent by right of representation, or\n\nb. if there is no surviving issue, to the surviving\n\nparent or parents of the decedent in undivided equal\n\nshares, or\n\nc. if there is no surviving issue nor parent, in\n\nundivided equal shares to the issue of parents by\n\nright of representation, or\n\nd. if there is no surviving issue, parent, nor issue of\n\nparents, but the decedent is survived by one or more\n\ngrandparents or issue of any grandparent, half of the\n\nestate passes equally to the paternal grandparents if\n\nboth survive, or to the surviving paternal\n\ngrandparent, or to the issue of any paternal\n\ngrandparent if both paternal grandparents are\n\ndeceased, the issue taking equally if they are all of\n\nthe same degree of kinship to the decedent, but if of\n\nunequal degree those of more remote degree take by\n\nrepresentation and the other half passes to the\n\nmaternal relatives in the same manner; but if the\n\ndecedent is survived by one or more grandparents or\n\nissue of grandparents on only one side of the family,\n\npaternal or maternal, the entire estate shall pass to\n\nsuch survivors in the manner set forth in this\n\nsubsection, or\n\ne. if there is no surviving issue, parent, issue of\n\nparents, grandparent, nor issue of a grandparent, the\n\nestate passes to the next of kin in equal degree;\n\n3. If the decedent leaves no spouse, issue, parent, issue of\n\nparents, grandparent, issue of a grandparent, nor kindred, then the\n\nestate shall escheat to the state for the support of the common\n\nschools; and\n\n4. For the purpose of this section, the phrase \"by right of\n\nrepresentation\" means the estate is to be divided into as many equal\n\nshares as there are surviving heirs in the nearest degree of kinship\n\nand deceased persons in the same degree who left issue who survive\n\nthe decedent, each surviving heir in the nearest degree receiving\n\none equal share and the equal share of each deceased person in the\n\nsame degree being divided among his issue in the same manner. The\n\nword \"issue\" means lineal descendants.\n\nR.L. 1910, § 8418; Laws 1984, c. 233, § 3, eff. July 1, 1985; Laws\n\n1994, c. 8, § 1, eff. Sept. 1, 1994.","path":["OK Code","Title 84"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"655221ec610316852d49304f8083b7ebaa01d5e7c0ed8403d2915c4031b50ed8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-84-84-212","next":"us-ok/okla.-stat.-tit.-84-84-214"},"notice":"GroundRules: Original legal text. Not legal advice."}