To win a will contest in Oklahoma you must follow very specific probate law in the state. When a loved one passes away, they might have a will outlining how they wish their assets to be distributed. However, if you believe the will does not accurately reflect the decedent’s intentions because of undue influence, fraud, or another valid reason, you may consider contesting the will. In Oklahoma, the laws governing will contests are complicated. Read on to learn necessary steps and legal provisions in the state.
Who Can Contest a Will?
To contest a will you must have standing. Oklahoma Statutes §58-29, any person interested in the estate can file the contest. Whether as a beneficiary, heir, or otherwise they have standing to contest a will. This includes individuals directly affected by the will’s terms. This includes devisees, legatees, and heirs, who can initiate a contest through their guardians or attorneys.
Filing the Contest
According to Oklahoma Statutes §58-41, the process begins by formally filing a written opposition to the will’s probate. This document should clearly state your grounds for contesting the will. You must serve a copy on the petitioner and other county residents interested in the estate. Further, these parties may respond to your claims. The response may lead to a trial where issues are litigated.
The Trial Process
During the trial, you, as the contestant, will act as the plaintiff. Its your burden to present evidence to support your claims against the will. The court then assesses the evidence that is presented at the hearing. This could include the decedent’s intent, their mental state when the will was signed the will. Additionally the court will consider whether the will was properly witnessed and documented. This trial phase is critical and requires a strong presentation of facts. Its sometimes required to present expert testimony regarding the decedent’s mental capacity and the circumstances surrounding the will’s creation.
Judgment and Potential Outcomes
If the probate court finds merit in your contest, as per O.S. §58-42, it can refuse to admit the will to probate or revoke its probate if already processed. This judgment is based on factual findings and legal conclusions drawn from the evidence presented during the trial.
Costs of Contesting a Will
It’s important to consider the financial implications of contesting a will. According to Oklahoma Statutes §58-66, if the will’s probate is confirmed despite your contest, you could be responsible for covering the legal fees and expenses incurred. However, if the probate is revoked, these costs may be borne by the estate or those who opposed the revocation, depending on the court’s discretion.
The Importance of Legal Representation
To Win a will contest following procedure is everything. This is why hiring a lawyer is crucial. For example, they can provide valuable guidance, help gather necessary evidence, and represent your interests effectively throughout the court proceedings.
Wagoner County Will Dispute Lawyer
To Win a Will Contest in Oklahoma is a significant legal undertaking. Winning depends on understanding the specific statutes and having a strong basis for your challenge. If you are involved in a will contest get help from a probate attorney We will discuss your situation and the best course of action based on your case and Oklahoma law. To learn more, get in touch with Kania Law Office – Wagoner Attorneys at (918) 283-7394 or online today.
