Okla. Stat. tit. 84, § 84-213

A. Prior to July 1, 1985, if any person having title to any

estate not otherwise limited by marriage contract, dies without

disposing of the estate by will, it descends and must be distributed

in the following manner:

First. If the decedent leave a surviving husband or wife, and

only one child, or the lawful issue of one child, in equal shares to

the surviving husband, or wife and child, or issue of such child.

If the decedent leave a surviving husband or wife, and more than one

child living, or one child living and the lawful issue of one or

more deceased children, one-third (1/3) to the surviving husband or

wife, and the remainder in equal shares to his children, and to the

lawful issue of any deceased child, by right of representation; but

if there be no child of the decedent living at his death, the

remainder goes to all of his lineal descendants; and if all the

descendants are in the same degree of kindred to the decedent they

Oklahoma Statutes - Title 84. Wills and Succession Page 29

share equally, otherwise they take according to the right of

representation: Provided, that if the decedent shall have been

married more than once, the spouse at the time of death shall

inherit of the property not acquired during coverture with such

spouse only an equal part with each of the living children of

decedent, and the lawful issue of any deceased child by right of

representation. If the decedent leave no surviving husband or wife,

but leaves issue, the whole estate goes to such issue, and if such

issue consists of more than one child living or one child living,

and the lawful issue of one or more deceased children, then the

estate goes in equal shares to the children living, or to the child

living, and the issue of the deceased child or children by right of

representation.

Second. If the decedent leave no issue, the estate goes one-

half (1/2) to the surviving husband or wife, and the remaining one-

half (1/2) to the decedent's father or mother, or, if he leave both

father and mother, to them in equal shares; but if there be no

father or mother, then said remaining one-half (1/2) goes, in equal

shares, to the brothers and sisters of the decedent, and to the

children of any deceased brother or sister, by right of

representation. If decedent leave no issue, nor husband nor wife,

the estate must go to the father or mother, or if he leave both

father and mother, to them in equal shares: Provided, that in all

cases where the property is acquired by the joint industry of

husband and wife during coverture, and there is no issue, the whole

estate shall go to the survivor, at whose death, if any of the said

property remain, one-half (1/2) of such property shall go to the

heirs of the husband and one-half (1/2) to the heirs of the wife,

according to the right of representation.

Third. If there be no issue, nor husband nor wife, nor father,

nor mother, then in equal shares to the brothers and sisters of the

decedent, and to the children of any deceased brother or sister, by

right of representation; if the deceased, being a minor, leave no

issue, the estate must go to the parents equally, if living

together, if not living together, to the parent having had the care

of said deceased minor.

Fourth. If the decedent leave no issue nor husband, nor wife,

nor father and no brother or sister is living at the time of his

death, the estate goes to his mother to the exclusion of the issue,

if any, of deceased brothers or sisters.

Fifth. If the decedent leave a surviving husband or wife, and

no issue, and no father, nor mother, nor brother, nor sister, the

whole estate goes to the surviving husband or wife.

Sixth. If the decedent leave no issue, nor husband, nor wife,

and no father or mother, or brother, or sister, the estate must go

to the next of kin in equal degree, excepting that when there are

two or more collateral kindred, in equal degree, but claiming
usband or wife, and

no issue, and no father, nor mother, nor brother, nor sister, the

whole estate goes to the surviving husband or wife.

Sixth. If the decedent leave no issue, nor husband, nor wife,

and no father or mother, or brother, or sister, the estate must go

to the next of kin in equal degree, excepting that when there are

two or more collateral kindred, in equal degree, but claiming

Oklahoma Statutes - Title 84. Wills and Succession Page 30

through different ancestors, those who claimed through the nearest

ancestors must be preferred to those claiming through an ancestor

more remote.

Seventh. If the decedent leave several children, or one child

and the issue of one or more children, and any such surviving child

dies under age, and not having been married, all the estate that

came to the deceased child by inheritance from such decedent,

descends in equal shares to the other children of the same parent,

and to the issue of any such other children who are dead, by right

of representation.

Eighth. If, at the death of such child who dies under age, not

having been married, all the other children of his parents are also

dead, and any of them have left issue, the estate that came to such

child by inheritance from his parent descends to the issue of all

other children of the same parent; and if all the issue are in the

same degree of kindred to the child, they share the estate equally,

otherwise, they take according to the right of representation.

Ninth. If the decedent leave no husband, wife, or kindred, the

estate escheats to the state for the support of common schools.

B. Beginning July 1, 1985, if any person having title to any

estate not otherwise limited by any antenuptial marriage contract

dies without disposing of the estate by will, such estate descends

and shall be distributed in the following manner:

1. If the decedent leaves a surviving spouse, the share of the

estate passing to said spouse is:

a. if there is no surviving issue, parent, brother or

sister, the entire estate, or

b. if there is no surviving issue but the decedent is

survived by a parent or parents, brother or sister:

(1) all the property acquired by the joint industry

of the husband and wife during coverture, and

(2) an undivided one-third (1/3) interest in the

remaining estate, or

c. if there are surviving issue, all of whom are also

issue of the surviving spouse:

an undivided one-half (1/2) interest in all the

property of the estate whether acquired by the

joint industry of the husband and wife during

coverture or otherwise, or

d. if there are surviving issue, one or more of whom are

not also issue of the surviving spouse:

(1) an undivided one-half (1/2) interest in the

property acquired by the joint industry of the

husband and wife during coverture, and
ivided one-half (1/2) interest in all the

property of the estate whether acquired by the

joint industry of the husband and wife during

coverture or otherwise, or

d. if there are surviving issue, one or more of whom are

not also issue of the surviving spouse:

(1) an undivided one-half (1/2) interest in the

property acquired by the joint industry of the

husband and wife during coverture, and

(2) an undivided equal part in the property of the

decedent not acquired by the joint industry of

the husband and wife during coverture with each

Oklahoma Statutes - Title 84. Wills and Succession Page 31

of the living children of the decedent and the

lawful issue of any deceased child by right of

representation;

2. The share of the estate not passing to the surviving spouse

or if there is no surviving spouse, the estate is to be distributed

as follows:

a. in undivided equal shares to the surviving children of

the decedent and issue of any deceased child of the

decedent by right of representation, or

b. if there is no surviving issue, to the surviving

parent or parents of the decedent in undivided equal

shares, or

c. if there is no surviving issue nor parent, in

undivided equal shares to the issue of parents by

right of representation, or

d. if there is no surviving issue, parent, nor issue of

parents, but the decedent is survived by one or more

grandparents or issue of any grandparent, half of the

estate passes equally to the paternal grandparents if

both survive, or to the surviving paternal

grandparent, or to the issue of any paternal

grandparent if both paternal grandparents are

deceased, the issue taking equally if they are all of

the same degree of kinship to the decedent, but if of

unequal degree those of more remote degree take by

representation and the other half passes to the

maternal relatives in the same manner; but if the

decedent is survived by one or more grandparents or

issue of grandparents on only one side of the family,

paternal or maternal, the entire estate shall pass to

such survivors in the manner set forth in this

subsection, or

e. if there is no surviving issue, parent, issue of

parents, grandparent, nor issue of a grandparent, the

estate passes to the next of kin in equal degree;

3. If the decedent leaves no spouse, issue, parent, issue of

parents, grandparent, issue of a grandparent, nor kindred, then the

estate shall escheat to the state for the support of the common

schools; and

4. For the purpose of this section, the phrase "by right of

representation" means the estate is to be divided into as many equal

shares as there are surviving heirs in the nearest degree of kinship

and deceased persons in the same degree who left issue who survive

the decedent, each surviving heir in the nearest degree receiving

one equal share and the equal share of each deceased person in the

same degree being divided among his issue in the same manner. The

word "issue" means lineal descendants.

Oklahoma Statutes - Title 84. Wills and Succession Page 32

R.L. 1910, § 8418; Laws 1984, c. 233, § 3, eff. July 1, 1985; Laws

1994, c. 8, § 1, eff. Sept. 1, 1994.