Intestate Succession in Oklahoma: What Happens If You Die Without a Will?

By Travis Vernier, Esq. – Bennett Vernier, PLLC

Understanding How Your Assets Are Distributed Under Oklahoma Law

If you pass away without a valid will in Oklahoma, state intestate succession laws will determine who inherits your assets. This means that instead of you deciding how your estate is distributed, Oklahoma law makes those decisions for you—and they may not align with your wishes.

This guide explains how intestate succession works, who inherits what, and why estate planning is crucial to ensure your assets go to the right people.

📞 Need help securing your estate? Call (405) 456-0404 today for expert guidance.

Which Assets Are Affected by Intestate Succession?

Not all assets go through probate or are affected by intestate succession laws. The following bypass probate and go directly to named beneficiaries or joint owners:

✔ Assets in a living trust.
✔ Life insurance payouts with a named beneficiary.
✔ Retirement accounts (IRA, 401(k), etc.) with designated beneficiaries.
✔ Securities in a transfer-on-death (TOD) account.
✔ Real estate with a transfer-on-death deed.
✔ Vehicles with a transfer-on-death registration.
✔ Payable-on-death (POD) bank accounts.
✔ Property owned in joint tenancy or tenancy by the entirety.

📌 If you don’t have a valid will and your named beneficiaries are deceased, these assets could fall under intestate succession laws.

💡 Want to avoid probate? Proper estate planning ensures that your assets pass directly to your loved ones without court involvement. Call (405) 456-0404 today to get started.

Who Inherits Your Estate Under Oklahoma Intestate Succession Laws?

Oklahoma Intestate Inheritance Rules

If You Die With...Who Inherits?Children but no spouseYour children inherit everything.Spouse but no children, parents, or siblingsYour spouse inherits everything.Spouse and children from you and that spouseYour spouse inherits 1/2 of the intestate property, and your children inherit the rest.Spouse and children from a previous relationshipYour spouse inherits 1/2 of all jointly acquired marital property and splits the remaining intestate property equally with your children.Spouse and parents but no childrenYour spouse inherits all jointly acquired property, plus 1/3 of the remaining intestate property. Your parents inherit everything else.Spouse and siblings but no children or parentsYour spouse inherits all jointly acquired property, plus 1/3 of the remaining intestate property. Your siblings inherit everything else.Parents but no spouse or childrenYour parents inherit everything.Siblings but no spouse, children, or parentsYour siblings inherit everything.

📌 Reference: (Okla. Stat. tit. 84, § 213 (2024))

💡 Want to ensure your assets go exactly where you want? Contact us today for estate planning guidance. Call (405) 456-0404.

What Happens to Your Spouse’s Share?

Your spouse’s inheritance depends on whether you leave behind children, parents, or siblings:

✔ If you have no children, parents, or siblings – Your spouse inherits everything.
✔ If you leave behind children from your spouse – Your spouse inherits 1/2, and your children inherit the rest.
✔ If you have children from a previous marriage – Your spouse inherits 1/2 of all jointly acquired marital property and splits the rest with your children.
✔ If you leave behind parents but no children – Your spouse inherits all jointly acquired property plus 1/3 of the remaining intestate property, and your parents inherit the rest.
✔ If you leave behind siblings but no children or parents – Your spouse inherits all jointly acquired property plus 1/3 of the remaining intestate property, and your siblings inherit the rest.

📌 Oklahoma law also guarantees your surviving spouse one of your automobiles. (Okla. Stat. tit. 84, § 232 (2024))

Children’s Shares Under Oklahoma Law

If you die without a will, your children inherit a portion of your estate, depending on:

✔ The number of children you have.
✔ Whether your spouse is also their parent.
✔ Whether your spouse is still alive.

Key Legal Considerations for Children’s Inheritance:

✔ Adopted children inherit just like biological children.
✔ Foster children and stepchildren do not inherit unless legally adopted.
✔ Children placed for adoption may still inherit from both biological and adoptive parents.
✔ Children born outside of marriage can inherit if paternity is legally established.
✔ Posthumous children (born after your death) still inherit.
✔ Grandchildren inherit only if their parent (your child) has already passed away.

📌 Oklahoma laws on inheritance can be complex—if you have unique family circumstances, it's essential to consult an estate attorney.

📞 Call (405) 456-0404 today for personalized legal advice.

Will the State Take Your Property?

If you die without a will and have no surviving family members, your assets "escheat" to the state and are used to support Oklahoma schools.

However, this rarely happens, as Oklahoma law prioritizes even distant relatives over the state. Your estate won't go to the state if you leave behind:

✔ A spouse, children, or grandchildren.
✔ Parents, siblings, nieces, nephews, aunts, uncles, or cousins.

💡 Don't leave your estate up to chance. Create a will or trust today—contact Bennett Vernier, PLLC at (405) 456-0404.

Other Key Oklahoma Intestate Succession Rules

✔ Half-relatives inherit the same as full relatives, except for inherited family property, which must remain in the bloodline.
✔ Non-citizen relatives can inherit your estate, regardless of their immigration status.
✔ Anyone criminally responsible for your death is disqualified from inheriting your assets.
✔ If you gave a family member assets during your lifetime, and it was intended as part of their inheritance, the amount will be deducted from their share.

📌 Reference: (Okla. Stat. tit. 84, §§ 223, 225, 229, 231 (2024))

Protect Your Assets & Secure Your Legacy – Get Expert Legal Help

If you don’t have an estate plan, Oklahoma’s intestacy laws decide who inherits your assets. This can lead to:

🚫 Unintended heirs receiving your property.
🚫 Family disputes and probate delays.
🚫 More of your estate going to court fees and legal costs.

📞 Avoid these risks—take control of your legacy today. Call (405) 456-0404 to schedule a free estate planning consultation.

💼 At Bennett Vernier, PLLC, we help families create personalized wills, trusts, and estate plans that ensure their wishes are followed. Contact us now.