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

Okla. Stat. tit. 84, § 44 (2026)

Property which may be disposed of - Election by surviving

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

spouse - Homestead. A. Every estate in property may be disposed of by will; provided however, that a will shall be subservient to any antenuptial marriage contract in writing; but no spouse shall bequeath or devise away from the other so much of the estate of the testator that the other spouse would receive less in value than would be obtained through succession by law; provided, however, that

of the property not acquired by joint industry during coverture the testator be not required to devise or bequeath more than one-half (1/2) thereof in value to the surviving spouse; provided further, that no person shall by will dispose of property which could not be by the testator alienated, encumbered or conveyed while living, except that the homestead may be devised by one spouse to the other. This subsection shall not apply to the estate of a decedent who dies on or after July 1, 1985. B. This subsection shall apply to the estate of a decedent who dies on or after July 1, 1985. 1. Every estate in property may be disposed of by will except that a will shall be subservient to any antenuptial marriage contract in writing. In addition, no spouse shall bequeath or devise away from the other so much of the estate of the testator that the other spouse would receive less in value than an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture. No person shall by will dispose of property which could not be by the testator alienated, encumbered or conveyed while living, except that the homestead may be devised by one spouse to the other. 2. The spouse of a decedent has a right of election to take the one-half (1/2) interest in the property as provided in paragraph 1 of this subsection in lieu of all devises, legacies and bequests for the benefit of the spouse contained in the last will and testament of the decedent. 3. If the surviving spouse desires to make the election provided in paragraph 2 of this subsection to take the property specified therein in lieu of all devises, legacies and bequests for the benefit of the surviving spouse contained in the last will and testament of a decedent, then the surviving spouse shall make such election affirmatively in writing, which writing shall be filed in the district court in which the estate of the decedent is being administered on or before the final date for hearing of the petition for final distribution of the estate. The court clerk shall immediately mail a copy of such election to the personal representative of the estate and to all attorneys of record of the estate. Such written election of the surviving spouse shall be in the form of a writing separate from all other pleadings and documents filed in the district court in which the estate is being administered. Failure of the surviving spouse to substantially comply with the provisions of this subsection shall render the attempted election by the surviving spouse void and of no force or effect; provided that such failure shall not prohibit the surviving spouse from making a subsequent election within the allotted time period, which substantially complies with this subsection. 4. The right of election of the surviving spouse provided for in paragraph 2 of this subsection is personal to the surviving

spouse and may be exercised only during the lifetime of the surviving spouse. However, if there has been a guardian or conservator duly appointed by a court of competent jurisdiction, and such court has judicially determined the surviving spouse to be incompetent, then such guardian or conservator may make the election on behalf of the surviving spouse, but only if the same is approved by the court having jurisdiction over such guardian or conservator. Further, a certified copy of the document or documents evidencing the appointment of such guardian or conservator for the surviving spouse, and a certified copy of the order of the applicable court approving such guardian's or conservator's making such election on behalf of the surviving spouse, shall be attached to the election, which shall also be in substantial compliance with the provisions of paragraph 3 of this subsection, or such election shall be void and of no force or effect. The guardian or conservator may be appointed in any state, and may have been appointed at any time prior to the expiration of the time permitted for the election to be made as provided in paragraph 3 of this subsection. Amended by Laws 1984, c. 233, § 2, eff. July 1, 1985.

Notes of Decisions
Cited in 43 cases (3 in the last 5 years), 1954–2023 · leading case: Stinson v. Sherman, 405 P.2d 172 (Okla. 1965).
Sort: Relevance Newest Treatment
Stinson v. Sherman, 405 P.2d 172 (Okla. 1965). · cites it 6× “Stinson are not involved in this appeal *174 the Stinsons (appellants) take the position that a spouse may not legally bequeath or devise away from the other so much of his or her estate that the survivor would receive less in value than the survivor would receive through…”
Welch v. Crow, 2009 OK 20, 206 P.3d 599. “2d 553 , this Court determined that a revocable inter vi-vos trust may not be employed to defeat a surviving spouse's forced share of an estate as provided by 84 O.S.2001 § 44. The Court held that such a trust was illusory as to the surviving spouse and set forth the method of…”
Abrego v. Abrego, 812 P.2d 806 (Okla. 1991). · cites it 2× “Title 84 O.S.Supp. 1984 § 44(B)(2) provides: "B.”
In the Matter of the Est. of Vose, 2017 OK 3. · cites it 3× “Title 84 O.S. 2011 § 44; Freeman v. Freeman , 1977 OK 110, ¶¶1-2, 565 P.”
Matter of Est. of Hardaway, 872 P.2d 395 (Okla. 1994). · cites it 2× “Pursuant to 84 O.S.1981, § 44, Mr. Harda-way elected to renounce and reject the provisions of the will and take according to his rights under the law.”
Thomas v. Bank of Oklahoma, N.A., 684 P.2d 553 (Okla. 1984). · cites it 2× “1975), wherein the deceased spouse (while living) placed funds in a joint tenancy bank account, naming another relative as co-joint tenant. This Court held that joint tenancy took the funds out of his estate and thus defeated the surviving spouse’s attempt to claim as a forced…”
In re the Est. of Rettenmeyer, 345 P.2d 872 (Okla. 1959). · cites it 2× “The theory of JAR was that the will devised to him less than the mandatory share prescribed by statute to the surviving husband (Title 84 O.S.1951 § 44) and that he could elect to take under the laws of succession.”
Matter of Est. of Bovaird, 645 P.2d 500 (Okla. 1982). “84 O.S.1971, § 44. 2 . 84 O.S.1971, § 3: “Order of resort to property for payment of debts, administration expenses and allowances.”
Tucker v. Zachary, 269 P.2d 773 (Okla. 1954). · cites it 3× “the “forced-heir” statute, 84 O.S.1951 § 44, for the reason that the petition alleges that Mr.”
Est. of Miller v. Miller, 768 P.2d 373 (Okla. Civ. App. 1988). · cites it 2× “(Subsection A, applicable herein, applies to estates of decedents who die before July 1, 1985.”
Catron v. First Nat'l Bank & Trust Co. of Tulsa, 434 P.2d 263 (Okla. 1967). “84 O.S.1961, § 44; 58 O.S.1961, § 311. Mrs.”
Eagleton v. Broughton, 2017 OK CIV APP 2, 394 P.3d 284. · cites it 7× “In February 2016, Wife, who was still living at the Farm, allegedly with Daughter’s permission, filed suit seeking to have the 2012 deed transferring the Farm declared void; seeking a forced probate distribution of the Farm as estate property pursuant to 84 O.S.2011 § 44;…”
Show all 43 citing cases →
Okla. Stat. tit. 84, § 44(A): 1 case
Est. of Miller v. Miller, 768 P.2d 373 (Okla. Civ. App. 1988). “(Subsection A, applicable herein, applies to estates of decedents who die before July 1, 1985.”
Okla. Stat. tit. 84, § 44(B): 1 case
Ziegelgruber v. Harrison ex rel. Harrison, 738 P.2d 964 (Okla. Civ. App. 1987).
Okla. Stat. tit. 84, § 44(B)(1): 4 cases
Matter of Est. of Nation, 834 P.2d 442 (Okla. 1992).
Wellshear v. Mellor, 2006 OK CIV APP 90, 142 P.3d 994.
In the Matter of the Est. of Pierce, 2017 OK CIV APP 25, 394 P.3d 316.
Matter of Est. of Fields, 1998 OK CIV APP 129, 964 P.2d 955.
Okla. Stat. tit. 84, § 44(B)(2): 1 case
Abrego v. Abrego, 812 P.2d 806 (Okla. 1991). “Title 84 O.S.Supp. 1984 § 44(B)(2) provides: "B.”
Okla. Stat. tit. 84, § 44(b)(1): 1 case
Bell v. Brasier, 833 P.2d 294 (Okla. Civ. App. 1992).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.