How to Write a Will in Oregon (2026 Guide)

This is general legal information for Oregon, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Oregon.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Oregon’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Oregon as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Oregon will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Oregon and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Oregon Will Requirements at a Glance

• Minimum age: 18 years old (A person who is lawfully married or emancipated may make a will regardless of age (ORS 112.225))
• Written form: Must be in writing. Can be typed, printed, or handwritten, but all wills must meet standard execution requirements including witnesses. Purely holographic (unwitnessed handwritten) wills are not valid
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: No
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind: understand the nature of the testamentary act, know the nature and extent of their property, and know the natural objects of their bounty

Signature Requirements in Oregon

You must personally sign the will. Oregon does allow proxy signing in specific cases: Another person may sign in the testator's presence and by the testator's direction (ORS 112.235)

Witness Requirements in Oregon

Oregon requires 2 witnesses. Generally competent individuals

Presence rules: Both witnesses must sign the will within a reasonable time. Both witnesses must sign before the death of the testator (ORS 112.235)

Interested witnesses: Oregon does not automatically invalidate a will signed by an interested witness, but a devise to an attesting witness creates a rebuttable presumption of undue influence

The safest approach in every state, including Oregon, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Oregon does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity. Used for self-proving affidavits

Oregon does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. The testator and witnesses sign an affidavit before a notary public stating the relevant facts about execution. Allows the court to accept the will without contacting witnesses (ORS 113.055)

Holographic, Electronic, and Oral Wills in Oregon

Holographic (handwritten) wills: Not recognized in Oregon. A valid will must be typed or printed and signed in front of witnesses.

Electronic wills: Not currently recognized in Oregon. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in Oregon.

How to Revoke or Update a Oregon Will

If you already have a will and want to change it, Oregon recognizes these revocation methods: Executing a subsequent will that expressly revokes the prior will, A subsequent will inconsistent with the prior will, Physical destruction (burning, tearing, canceling, obliterating, or destroying) with intent to revoke, By operation of law upon subsequent marriage of the testator (ORS 112.305, unless exceptions apply), Another person may destroy the will in the testator's presence and at the testator's direction. ORS 112.285 (express revocation), ORS 112.305 (revocation by marriage). Marriage revokes a prior will unless made in contemplation of the marriage or a prenuptial agreement exists

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Oregon

Oregon is a separate property state but adopted the Uniform Disposition of Community Property Rights at Death Act (ORS 112.705-112.775) for couples moving from community property states. Provides an elective share for the surviving spouse under ORS 114.600-114.725, based on an augmented estate concept with the share percentage varying by length of marriage. Community property is excluded from the augmented estate. Oregon has a harmless error/substantial compliance doctrine (ORS 112.238)

Step-by-Step: Writing a Valid Oregon Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Oregon-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Oregon, major asset changes).

Common Oregon Will Mistakes to Avoid

• Wrong number of witnesses. Oregon requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Oregon will requirements and the Oregon estate planning guide for background on intestate succession, probate, and related topics.

Start Your Oregon Will Now

The easiest way to get a valid Oregon will done today is our free drafting tool. It walks you through the questions, generates a Oregon-specific document with the correct clauses, and gives you signing instructions tailored to Oregon’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.