{"data":{"id":"us-ok/okla.-stat.-tit.-84-84-44","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 84, § 84-44","heading":"Property which may be disposed of - Election by surviving","body":"spouse - Homestead.\n\nA. Every estate in property may be disposed of by will;\n\nprovided however, that a will shall be subservient to any\n\nantenuptial marriage contract in writing; but no spouse shall\n\nbequeath or devise away from the other so much of the estate of the\n\ntestator that the other spouse would receive less in value than\n\nwould be obtained through succession by law; provided, however, that\n\nof the property not acquired by joint industry during coverture the\n\ntestator be not required to devise or bequeath more than one-half\n\n(1/2) thereof in value to the surviving spouse; provided further,\n\nthat no person shall by will dispose of property which could not be\n\nby the testator alienated, encumbered or conveyed while living,\n\nexcept that the homestead may be devised by one spouse to the other.\n\nThis subsection shall not apply to the estate of a decedent who dies\n\non or after July 1, 1985.\n\nB. This subsection shall apply to the estate of a decedent who\n\ndies on or after July 1, 1985.\n\n1. Every estate in property may be disposed of by will except\n\nthat a will shall be subservient to any antenuptial marriage\n\ncontract in writing. In addition, no spouse shall bequeath or\n\ndevise away from the other so much of the estate of the testator\n\nthat the other spouse would receive less in value than an undivided\n\none-half (1/2) interest in the property acquired by the joint\n\nindustry of the husband and wife during coverture. No person shall\n\nby will dispose of property which could not be by the testator\n\nalienated, encumbered or conveyed while living, except that the\n\nhomestead may be devised by one spouse to the other.\n\n2. The spouse of a decedent has a right of election to take\n\nthe one-half (1/2) interest in the property as provided in paragraph\n\n1 of this subsection in lieu of all devises, legacies and bequests\n\nfor the benefit of the spouse contained in the last will and\n\ntestament of the decedent.\n\n3. If the surviving spouse desires to make the election\n\nprovided in paragraph 2 of this subsection to take the property\n\nspecified therein in lieu of all devises, legacies and bequests for\n\nthe benefit of the surviving spouse contained in the last will and\n\ntestament of a decedent, then the surviving spouse shall make such\n\nelection affirmatively in writing, which writing shall be filed in\n\nthe district court in which the estate of the decedent is being\n\nadministered on or before the final date for hearing of the petition\n\nfor final distribution of the estate. The court clerk shall\n\nimmediately mail a copy of such election to the personal\n\nrepresentative of the estate and to all attorneys of record of the\n\nestate. Such written election of the surviving spouse shall be in\n\nthe form of a writing separate from all other pleadings and\n\ndocuments filed in the district court in which the estate is being\n\nadministered. Failure of the surviving spouse to substantially\n\ncomply with the provisions of this subsection shall render the\n\nattempted election by the surviving spouse void and of no force or\n\neffect; provided that such failure shall not prohibit the surviving\n\nspouse from making a subsequent election within the allotted time\n\nperiod, which substantially complies with this subsection.\n\n4. The right of election of the surviving spouse provided for\n\nin paragraph 2 of this subsection is personal to the surviving\n\nspouse and may be exercised only during the lifetime of the\n\nsurviving spouse. However, if there has been a guardian or\n\nconservator duly appointed by a court of competent jurisdiction, and\n\nsuch court has judicially determined the surviving spouse to be\n\nincompetent, then such guardian or conservator may make the election\n\non behalf of the surviving spouse, but only if the same is approved\n\nby the court having jurisdiction over such guardian or conservator.\nurviving spouse. However, if there has been a guardian or\n\nconservator duly appointed by a court of competent jurisdiction, and\n\nsuch court has judicially determined the surviving spouse to be\n\nincompetent, then such guardian or conservator may make the election\n\non behalf of the surviving spouse, but only if the same is approved\n\nby the court having jurisdiction over such guardian or conservator.\n\nFurther, a certified copy of the document or documents evidencing\n\nthe appointment of such guardian or conservator for the surviving\n\nspouse, and a certified copy of the order of the applicable court\n\napproving such guardian's or conservator's making such election on\n\nbehalf of the surviving spouse, shall be attached to the election,\n\nwhich shall also be in substantial compliance with the provisions of\n\nparagraph 3 of this subsection, or such election shall be void and\n\nof no force or effect. The guardian or conservator may be appointed\n\nin any state, and may have been appointed at any time prior to the\n\nexpiration of the time permitted for the election to be made as\n\nprovided in paragraph 3 of this subsection.","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":"3d2c5ad7643a5cdc4c686e64e911dad85bae7fbaeebbe575836f67d14b1b4586","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-84-84-43","next":"us-ok/okla.-stat.-tit.-84-84-45"},"notice":"GroundRules: Original legal text. Not legal advice."}