Under Oklahoma law, a surviving spouse may exercise his or her right to elect one-half of the property acquired during the marriage through joint effort. A surviving spouse may elect to take one-half of the property if he or she is left less than that in this will. 84 Okl. St. § 44. A surviving spouse who wishes to exercise his or her right of election must do so on or before the final date for hearing of the petition for final distribution of the estate.
Intestate succession, the manner of an estate’s distribution where a decedent dies without a will, is governed under 84 Okl. St. § 213, as follows:
- The share of a surviving spouse is the entire estate if there is no surviving issue (children or their lineal descendants), parent, brother or sister.
- The share of a surviving spouse is all the property acquired by the joint industry of the husband and wife during the marriage and one-third of the balance if the decedent is surviving by a parent or sibling.
- The share of a surviving spouse is one-half if all the decedent’s surviving issue are also issue of the surviving spouse.
- If there are surviving issue, any one of whom are not also issue of the surviving spouse, the surviving spouse’s intestate share is: (1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during the marriage, and (2) an undivided equal part of the decedent’s property not acquired by joint industry during the marriage.
A surviving spouse is also entitled to exemptions and allowances including homestead, family allowance and additional allowance for maintenance during the administration of the decedent’s estate.