Dying without an estate plan such as a will or a trust is known as dying intestate. Without a will or trust in place to direct the distribution of your assets, the process can be more costly, more stressful, and far more uncertain for your loved ones—who may not receive anything. This is because if you die intestate, your assets are distributed according to Oklahoma law, which mandates a distribution plan based on family status that may not have anything to do with your actual relationships or wishes. Creating an estate plan can be a challenging step. It costs money to create an estate plan and—perhaps even more significantly—no one likes to think about the end of their life. But avoiding this responsibility can cause hardship and heartbreak for your loved ones. This overview explains how Oklahoma law handles intestate succession, and why planning ahead gives you peace of mind.

Who Is in Charge of the Estate?

After a person dies, Oklahoma usually requires a lengthy and detailed process known as probate whether or not the person has a will. (A trust-based estate plan is a way to avoid probate altogether.) If you die intestate, the probate process can be significantly longer and even more complex. The court will first appoint an administrator to manage the estate. This person is responsible for gathering assets, paying debts, and distributing the remaining property according to the law. If no one steps forward to take on this role—or if more than one person steps forward and there is disagreement—the court chooses the administrator based on a statutory order of priority. This may or may not be the person you would have chosen if you had a will.

Oklahoma Law Decides Who Gets Your Assets

A will or trust is a way to leave instructions on how you want your property or assets distributed to your loved ones when you die. Without your instructions in place, Oklahoma distributes your assets according to its intestate succession laws. This “default” inheritance plan rarely reflects the nuanced and sometimes nontraditional relationships of real families–and makes no provision for “chosen” family members.

This broad overview shows how Oklahoma distributes assets when a person dies intestate:

• With spouse and children, the spouse gets half the estate, and the children divide the other half equally.
• With a spouse but no children, the spouse gets the marital property and one-third of the separate estate and the parents or siblings split the remainder.
• With children but no spouse, the children get everything equally.
• With no spouse or children, the parents get the estate.
• If the parents are no longer living, the siblings (or their descendants) get the estate.
• If no relatives can be located, the state of Oklahoma gets the estate.

These laws only recognize biological and legally adopted children. This means that step children, foster children, and other dependents and loved ones will receive nothing if they were not formally adopted, which can cause hardship and heartbreak. Further, intestate succession makes no provision for charitable giving. So even if you were closely connected with a charitable cause and intended to leave a donation at your death, this cannot and will not happen through intestate succession.

Who Will Take Care of Your Children or Adult Dependents?

In addition to who gets your assets, dying intestate means giving up control over who takes care of your children and adult dependents. If you have not named a guardian in a will, the court will decide who takes care of them after you die. While the court attempts to act in the dependents’ best interests, the court could appoint someone you never would have chosen or someone your children barely know. This decision that you have left up to the court will have a life-altering impact on your loved ones.

The Cost of Dying Without a Will or Trust

Even with an estate plan in place, hard feelings can arise among your loved ones. But they will have a record of your last wishes to help understand your intentions and potentially resolve those hard feelings. Without an estate plan in place, hard feelings can escalate into conflict. Conflicts slow the probate process, which increases legal fees and diminishes the size of your estate. More so, conflict adds emotional tension at an already challenging time for your loved ones–the very people you want to protect. A will or trust does not guarantee that there will not be hard feelings or conflict after you die, but with an estate plan in place you have done what you can to give your loved ones peace.

Take Charge of Your Legacy and Get Peace of Mind Today

If you would do anything for your loved ones to protect them from hardship and heartbreak, make a plan so you take care of them when you are no longer here. Creating an estate plan–regardless of your age, wealth, or health–is one of the smartest legal steps you can take. Give yourself the final say over who manages your estate, how your assets are distributed, and who takes care of your dependents. Minimize the burden on your loved ones and give them the peace they deserve. The attorneys of Titus Hillis Reynolds Love help Oklahomans design estate plans that achieve their needs and goals. If you don’t have a will or trust, or it’s been years since you reviewed it, now is the time to act. Contact our office today and let’s get started!