What Happens If You Die Without a Will In Oklahoma?

When a loved one dies, families are often left with more questions than answers—especially if there’s no will in place. In Oklahoma, dying without a will (also called “dying intestate”) means the state decides how your property is distributed. This can lead to outcomes you never intended, delays in probate, and unexpected legal challenges for your family.

At Kevin L Miller, PC, we help families plan ahead and lay out all the steps to have a will or trust in place. 

Why Executors Matter in Estate Planning

When you create a will, you get to choose your executor—the person responsible for handling your estate after your death. Executors play a critical role in ensuring your final wishes are carried out. But if you die without a will, the court will appoint someone to take on this role, often without knowing your personal relationships or preferences.

How Oklahoma Intestacy Laws Work

If you die without a will in Oklahoma, the state follows a legal formula to distribute your property:

If You’re Married:

• Your spouse may receive all or a portion of your estate, depending on whether you had children from a prior relationship.
  
• For example: If you have children from another relationship, your spouse typically gets half of the estate, and the children share the other half.

If You’re Single:

• The estate usually goes to your children first.
  
• If no children, then your estate will go to your parents, then siblings, then more distant relatives.

No Known Heirs?

• If no legal heirs can be found, the property may “escheat” to the State of Oklahoma.

Visit our Probate Services page to learn how we guide clients through these complex cases.

Key Differences Without a Will

There are a couple of automatic actions which will take place if you do not have a will in place. 

With a Will	Without a Will
You choose the executor	Court appoints an administrator
You decide who inherits your assets	Oklahoma law determines who inherits
You can provide for non-relatives	Only blood relatives and legal spouses qualify
Potential for faster probate	Probate may take longer and be more costly

Risks of Not Having a Will

Failing to create a will leaves your loved ones vulnerable to:

• Legal disputes among family members
  
• Unintended heirs (e.g., estranged relatives)
  
• Higher probate costs and longer court processes
  
• Lack of guardianship instructions for minor children

Don’t leave your legacy to chance—see our Estate Planning Services to get started.

Oklahoma Probate: What to Expect

Probate is the court-supervised process of settling an estate. In Oklahoma:

• Estates under $200,000 may qualify for simplified probate.
  
• The average probate process takes 6–12 months (or longer if there’s no will).
  
• The executor or administrator must file regular reports and request court approval for major actions.

Want to know if your family’s estate qualifies for summary administration? Contact our team for a probate evaluation.

Don’t Let the State Decide for You

Dying without a will means surrendering control over everything you’ve worked hard to build. Whether you’re just starting your estate planning journey or you’re navigating probate after a loss, our experienced Oklahoma City estate planning attorneys are here to help.

We’ll work with you to:

• Draft a legally sound will
  
• Choose a trusted executor
  
• Plan for minor children and loved ones
  
• Avoid unnecessary court involvement

Schedule a free consultation with Kevin L Miller, PC today and take the first step toward protecting your legacy and your loved one’s future. Call us at 405-443-5100 to get started.