Contesting a Will: When, Why, and How
Categories
Losing a loved one is difficult enough—but what happens when questions arise about the validity of their will? Disputes over inheritance can quickly become emotionally and legally complex. Contesting a will is a serious legal process governed by probate law, and it’s not something to undertake lightly.
Whether you’re concerned about a loved one’s true intentions or defending a valid will from challenge, understanding the role of the executor and the grounds for contesting a will is essential.
At Kevin L Miller, PC, our estate attorneys help families protect their loved ones’ legacies while resolving disputes with clarity and compassion.
Why Executors Matter in Will Contests
The executor, also known as the personal representative, plays a central role in the probate process—and an even more important one when a will is challenged. Their responsibilities include:
- Filing the will with the probate court
- Notifying heirs and beneficiaries
- Inventorying the estate’s assets
- Paying debts and taxes
- Defending the will if it’s contested
When a challenge arises, the executor must act in the best interest of the estate and represent it in court proceedings, often working closely with a probate attorney.
Learn more about our Probate Administration Services and how we guide executors through their responsibilities.
When Can a Will Be Contested in Oklahoma?
You can’t contest a will simply because you’re unhappy with its terms. Under Oklahoma law, a will can only be challenged on specific legal grounds. Common reasons include:
1. Lack of Testamentary Capacity
The person who created the will (the testator) must have been mentally competent at the time the will was signed. This means they understood:
- What a will is
- What property they own
- Who their natural heirs are
If the testator suffered from dementia, mental illness, or was under the influence of medications, capacity could be called into question.
2. Undue Influence
If someone manipulated or pressured the testator to change their will for personal gain—especially when the testator was vulnerable—that may qualify as undue influence.
3. Fraud or Forgery
A will is invalid if it was signed under false pretenses or if the signature was forged.
4. Improper Execution
Oklahoma requires specific formalities for a valid will:
- The will must be in writing
- Signed by the testator
- Witnessed by at least two competent individuals (unless it’s a holographic will, which is handwritten and signed)
Failure to follow these requirements could make the will invalid.
Explore our Estate Services to see how we represent clients in contested probate matters.
How to Contest a Will in Oklahoma
Contesting a will involves formal legal proceedings in the Oklahoma probate court, and strict deadlines apply.
Step 1: File an Objection Promptly
An interested party (heir, beneficiary, or creditor) must file an objection in probate court—usually within the timeframe outlined in the court’s notice of probate.
Step 2: Provide Evidence
You’ll need strong evidence to support your claim. This may include:
- Medical records
- Witness testimony
- Financial documents
- Expert evaluations
Step 3: Attend a Probate Hearing
The court will evaluate the evidence, hear testimony, and make a ruling. If the will is declared invalid, the estate may pass according to a previous will—or under Oklahoma’s intestate succession laws.
Step 4: Executor’s Role
The executor may be called to testify and must cooperate with the court while defending the estate against the claim.
What Happens If a Will Is Thrown Out?
If a court invalidates the will, the estate may be distributed:
- Under a prior valid will, if one exists
- Under Oklahoma’s intestacy laws, which give priority to spouses, children, and other blood relatives
This can drastically change who inherits property—and often leads to even more legal disputes.
The best way to avoid will contests is through clear, up-to-date estate planning. Regularly reviewing your will, using revocable living trusts, and working with an experienced attorney can reduce the risk of confusion or litigation after your passing.
See our full range of Estate Planning Services to protect your legacy and minimize future disputes.
Let Us Help You Resolve Probate Disputes with Confidence
Whether you’re contesting a will or defending one, it’s critical to have experienced legal counsel on your side. At Kevin L Miller, PC], we serve families throughout Oklahoma City with compassionate, results-focused guidance in estate litigation and probate matters.
We help you:
- Understand your rights
- Evaluate your legal options
- Navigate complex probate hearings
- Resolve disputes with professionalism and care
Schedule a free consultation today to speak with one of our trusted Oklahoma estate attorneys. Call us at 405-443-5100 to start planning your will today.