Who Inherits If There Is No Will in Oklahoma? In Plain Words

The words the statute uses, in plain words

• Decedent. The person who died. Section 213 speaks of the decedent throughout.
• Estate. The property the decedent had title to. Part B of Section 213 begins, in the statute’s own words, with a person “having title to any estate not otherwise limited by any antenuptial marriage contract” who “dies without disposing of the estate by will.”
• Antenuptial marriage contract. A marriage contract made before the marriage. The statute’s opening words, quoted just above, set that kind of contract apart.
• Issue. The statute defines this word itself, in Part B, paragraph 4: “The word ‘issue’ means lineal descendants.” Lineal descendants, in plain words, are the people who descend in a direct line from a person — children, grandchildren, and so on down the line.
• By right of representation. The statute defines this phrase itself, in Part B, paragraph 4. Its full definition is quoted in the last section of this page.
• Property acquired by the joint industry of the husband and wife during coverture. This is the statute’s own phrase, used again and again in Part B. In plain words: property that the husband and wife acquired by their joint industry — their work together — during coverture, the time of the marriage. Part B sorts some shares by whether property is of this kind or is other property of the estate.
• Undivided interest. A share of the whole estate or the whole property, not a separate piece cut off from it. When the statute gives an “undivided one-third (1/3) interest,” it gives that fraction of the whole, undivided.
• Escheat. The estate goes to the state. Part B, paragraph 3 says when this happens, quoted below.
• Kindred. Relatives. The statute speaks of kindred, and of degree of kinship — how close the family tie is.

The section has two parts, divided by July 1, 1985

Section 213 is one section with two parts. Part A begins with the words “Prior to July 1, 1985” and sets out its own list of rules, headed First through Ninth, for the cases it covers. Part B begins with the words “Beginning July 1, 1985” and sets out the manner of distribution in paragraphs 1 through 4.

This page restates Part B, in the sections below. Part A’s nine rules are not restated on this page: they belong to the part of the section headed “Prior to July 1, 1985,” and several of them turn on conditions that interlock with each other and cannot be shortened safely. The full text of the whole section, Part A and Part B together, is in the official source listed at the bottom of this page.

The surviving spouse’s share, under Part B, paragraph 1

Paraphrase of Part B, paragraph 1: if the decedent leaves a surviving spouse, the share of the estate passing to that spouse is set by which of the situations below the statute names.

Paragraph 1, part a — no surviving issue, parent, brother or sister. Paraphrase: if there is no surviving issue, parent, brother or sister, the surviving spouse’s share is the entire estate.

Paragraph 1, part b — no surviving issue, but a parent, parents, brother or sister survive. Paraphrase: if there is no surviving issue but the decedent is survived by a parent or parents, brother or sister, the surviving spouse’s share is:

• (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.

Paragraph 1, part c — surviving issue, all of whom are also issue of the surviving spouse. Paraphrase: if there are surviving issue, all of whom are also issue of the surviving spouse, the surviving spouse’s share is an undivided one-half (1/2) interest in all the property of the estate, whether that property was acquired by the joint industry of the husband and wife during coverture or otherwise.

Paragraph 1, part d — surviving issue, one or more of whom are not also issue of the surviving spouse. Paraphrase: if there are surviving issue, one or more of whom are not also issue of the surviving spouse, the surviving spouse’s share is:

• (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) a share in the rest of the property, in the statute’s own words: “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 of the living children of the decedent and the lawful issue of any deceased child by right of representation.” In plain words: in that rest of the property, the spouse takes one equal part alongside each living child, and alongside the lawful issue of any deceased child, who take by right of representation.

The rest of the estate, under Part B, paragraph 2

Paraphrase of the opening of Part B, paragraph 2: the share of the estate not passing to the surviving spouse — or, if there is no surviving spouse, the estate itself — is distributed in the order the statute names in parts a through e. Each part below applies only if the parts before it do not.

Paragraph 2, part a — children and issue of a deceased child. Paraphrase: in undivided equal shares to the surviving children of the decedent and the issue of any deceased child of the decedent, by right of representation.

Paragraph 2, part b — a parent or parents. Paraphrase: if there is no surviving issue, to the surviving parent or parents of the decedent, in undivided equal shares.

Paragraph 2, part c — issue of parents. Paraphrase: if there is no surviving issue nor parent, in undivided equal shares to the issue of parents, by right of representation. Issue, by the statute’s own definition quoted above, means lineal descendants, so the statute’s words here are the parents’ lineal descendants.

Paragraph 2, part d — grandparents and issue of a grandparent. Paraphrase: 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, then, in the statute’s own words, “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.” Paternal means the father’s side of the family; maternal means the mother’s side. The same part then adds: 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 passes to those survivors in the manner set forth in that part.

Paragraph 2, part e — next of kin in equal degree. Paraphrase: 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.

If there is no spouse and no kindred, under Part B, paragraph 3

Paraphrase of Part B, paragraph 3, with the statute’s list kept in its own order: 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. In plain words: the estate goes to the state, for the support of the public schools.

The statute’s own definitions, under Part B, paragraph 4

Part B, paragraph 4 states the purpose of its definitions in its own opening words: “For the purpose of this section.” It then defines “by right of representation” in full, in the statute’s own words:

“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.”

In plain words, as a paraphrase of that definition: count one equal share for each heir in the closest degree who is living, and one equal share for each person in that same degree who has died but left issue who survive the decedent. Each living heir in that closest degree receives one equal share, and the equal share of each person who has died is divided among that person’s issue in the same manner.

Paragraph 4 also gives the definition of “issue” quoted earlier on this page: “The word ‘issue’ means lineal descendants.”