Okla. Stat. » Title 84 — WILLS AND SUCCESSION
Oklahoma Statutes

Okla. Stat. tit. 84, § 41 (2026)

Persons who may make a will - Persons subject to

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guardianship or conservatorship. A. Every person over the age of eighteen (18) years of sound mind may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in this title, being chargeable in both cases with the payment of all the decedent's debts, as provided in Title 12 of the Oklahoma Statutes. B. The appointment of a guardian or a conservator does not prohibit a person from disposing of his estate, real and personal, by will; provided, that when any person subject to a guardianship or conservatorship shall dispose of such estate by will, such will must be subscribed and acknowledged in the presence of a judge of the district court. The judge before whom the will is subscribed and acknowledged shall attest to the execution of the will but shall have neither the duty nor the authority to approve or disapprove the contents of the will. Subscribing and acknowledging such will before a judge shall not render such will valid if it would otherwise be invalid. R.L. 1910, § 8338; Laws 1982, c. 131, § 1, operative Oct. 1, 1982; Laws 1992, c. 395, § 13, eff. Sept. 1, 1992.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1966–2023 · leading case: Hesser v. Cent. Nat'l Bank & Trust Co. of Enid, 1998 OK 15, 956 P.2d 864.
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Hesser v. Cent. Nat'l Bank & Trust Co. of Enid, 1998 OK 15, 956 P.2d 864. · cites it 2× “NOTES [1] Okla. Stat. tit. 84, § 41 (B) (1991) provides: "The appointment of a guardian or a conservator does not prohibit a person from disposing of his estate, real and personal, by will; provided, that when any person subject to a guardianship or conservatorship shall dispose…”
Myers v. Maxey, 915 P.2d 940 (Okla. Civ. App. 1996). · cites it 2× “JONES, Presiding Judge: Appellants, the widow, daughter and stepdaughter of deceased, sued attorneys and their law firm for legal malpractice, alleging the attorneys failed to have a will made by deceased (who had been placed under guardianship) subscribed and acknowledged…”
Matter of Est. of Seegers, 733 P.2d 418 (Okla. Civ. App. 1986). · cites it 2× “II Neither party raised any objection to the validity of the will based upon 84 O.S.Supp. 1985 § 41(B), 1 which requires that when a person subject to a conservatorship disposes of an estate by will, the will must be subscribed and acknowledged in the presence of a judge of the…”
Whitehead v. Rainey, Ross, Rice & Binns, 2000 OK CIV APP 5, 997 P.2d 177. “The Supreme Court consequently concluded that where the defendant attorney failed to obtain execution of testatrix’ will pursuant to 84 O.S. § 41(B) and plaintiff/will-beneficiary arguably suffered foreseeable harm as a result, summary judgment for the defendant/attorney should…”
Seale v. Seale, 854 P.2d 390 (Okla. Civ. App. 1993). · cites it 4× “The issue herein is whether the restriction on the making of a will found in 84 O.S.1991 § 41(B), is applicable in situations where a guardian has been appointed under authority of the Protective Services for the Elderly and for Incapacitated Adults Act, 43A O.”
Watts v. Campbell, 450 P.2d 203 (Okla. 1966). “We note that 84 O.S.1961, § 41, although not directly applicable to the execution of nominations of guardians, provides that : “Every person over the age of eighteen years, of sound mind, may by last will, dispose of all his estate, real and personal, * * * ” (Emphasis supplied.”
Ziegelgruber v. Harrison ex rel. Harrison, 738 P.2d 964 (Okla. Civ. App. 1987). “Okla.Stat. tit. 84, § 41 (1981). . Okla.Stat.”
Rivenburg v. Ciliberti, 2023 OK 109, 539 P.3d 1262. · cites it 2× “See 84 O.S. § 41. ¶2 The Court of Civil Appeals made the following observation in their opinion: "The fact Velda Rivenburg signed the 2018 Will before a judge and without her daughter being present either at the attorney meeting or in court is compelling evidence that Appellee…”
Ryel v. Parsons, 871 P.2d 437 (Okla. Civ. App. 1993). · cites it 2× “See 84 O.S.1991 § 41(B) (since amended), identical to 84 O.”
Gates v. Baum, 673 P.2d 519 (Okla. Civ. App. 1983). “1981 §§ 621-695, which concern probate procedure, and 84 O.”
Foreman v. Foreman, 1999 OK CIV APP 63, 984 P.2d 258. “84 O.S.1991 § 41(B), as effective on that date, 2 provided: B.”
Matter of Est. of Harrison, 738 P.2d 964 (Okla. Civ. App. 1987). “[2] Okla. Stat. tit. 84, § 41 (1981). [3] Okla.”
Okla. Stat. tit. 84, § 41(B): 8 cases
Myers v. Maxey, 915 P.2d 940 (Okla. Civ. App. 1996). “JONES, Presiding Judge: Appellants, the widow, daughter and stepdaughter of deceased, sued attorneys and their law firm for legal malpractice, alleging the attorneys failed to have a will made by deceased (who had been placed under guardianship) subscribed and acknowledged…”
Matter of Est. of Seegers, 733 P.2d 418 (Okla. Civ. App. 1986). “II Neither party raised any objection to the validity of the will based upon 84 O.S.Supp. 1985 § 41(B), 1 which requires that when a person subject to a conservatorship disposes of an estate by will, the will must be subscribed and acknowledged in the presence of a judge of the…”
Hesser v. Cent. Nat'l Bank & Trust Co. of Enid, 1998 OK 15, 956 P.2d 864. “NOTES [1] Okla. Stat. tit. 84, § 41 (B) (1991) provides: "The appointment of a guardian or a conservator does not prohibit a person from disposing of his estate, real and personal, by will; provided, that when any person subject to a guardianship or conservatorship shall dispose…”
Whitehead v. Rainey, Ross, Rice & Binns, 2000 OK CIV APP 5, 997 P.2d 177. “The Supreme Court consequently concluded that where the defendant attorney failed to obtain execution of testatrix’ will pursuant to 84 O.S. § 41(B) and plaintiff/will-beneficiary arguably suffered foreseeable harm as a result, summary judgment for the defendant/attorney should…”
Seale v. Seale, 854 P.2d 390 (Okla. Civ. App. 1993). “The issue herein is whether the restriction on the making of a will found in 84 O.S.1991 § 41(B), is applicable in situations where a guardian has been appointed under authority of the Protective Services for the Elderly and for Incapacitated Adults Act, 43A O.”
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