Under Oklahoma law a person making a will, called a testator or testatrix, is permitted to follow the Oklahoma statute and make his or her will self-proven.
When a will is made self-proven the testimony of the witnesses to the will are not required to testify in court. The exception is if someone objects to the admissibility of the will. Then the witnesses usually are required to testify.
The Oklahoma statute, 84 OS Section 55 provides:
Every will, other than a holographic and a nuncupative will, and every codicil to such will or to a holographic will may, at the time of execution or at any subsequent date during the lifetimes of the testator and the witnesses, be made self-proved, and the testimony of the witnesses in the probate thereof may be made unnecessary…” “A self-proved testamentary instrument shall be admitted to probate without the testimony of any subscribing witness, unless contested, but otherwise it shall be treated no differently than a will or codicil not self-proved.
The self-proven form is as follows:
- Every will, other than a holographic and a nuncupative will, and every codicil to such will or to a holographic will may, at the time of execution or at any subsequent date during the lifetimes of the testator and the witnesses, be made self-proved, and the testimony of the witnesses in the probate thereof may be made unnecessary by:
a. the acknowledgment thereof by the testator and the affidavits of the attesting witnesses, each made before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state, such acknowledgments and affidavits being evidenced by the certificate, with official seal affixed, of such officer attached or annexed to such testamentary instrument in form and contents substantially as follows:
THE STATE OF OKLAHOMA
COUNTY OF _
Before me, the undersigned authority, on this day personally appeared _, _, and _, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, said , testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament or a codicil to his last will and testament, and that he had willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind.
Testator
Witness (signature)
Name and Residence (printed)
Witness (signature)
Name and Residence (printed)
Subscribed and acknowledged before me by the said _, testator, and subscribed and sworn before me by the said _, and _ witnesses, this day of , A.D., _.
(SEAL)
(SIGNED) ____________________________________
(OFFICIAL CAPACITY
OF OFFICER); or
b. the written declaration of the testator and the written declarations of the attesting witnesses made in substantially the following form:
We the undersigned are the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and we do hereby declare that said _, testator, declared to said witnesses that said instrument is his last will and testament or a codicil to his last will and testament, and that he willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and said witnesses further declare that the said testator declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of us to sign it as a witness; and that we did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind, all of which we declare and sign under penalty of perjury this day of _.
Testator
Witness (signature)
Name and Residence (printed)
Witness (signature)
Name and Residence (printed)
The law only requires that a will to be self-proven substantially comply with the form provided in the statute. In the Matter of the Estate of Speers, 2008 OK 16, 179 P.3d 1265 at ¶16. “Substantial compliance relating to the publication of a will and attesting by witnesses is all that is required,...”
The testator or testatrix retains the right to revoke or amend a self-proven will, just like a will not self-proven. 
Brent D. Coldiron is an expert in probate law. You can call Brent at (405) 478-5655 or 737-2244. His offices are located at 1800 East Memorial Road, Suite 106, Oklahoma City and 2801 Parklawn Drive, Suite 503, Midwest City. Brent has over 42 years of experience. He knows what to do!