How to Make a Valid Will in Oregon

Who Can Make a Will in Oregon?

You must be at least 18 years old to make a will in Oregon. A person who is lawfully married or emancipated may make a will regardless of age (ORS 112.225). 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

Signing Requirements

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. If you are physically unable to sign, 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. 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

Notarization in Oregon

Notarization is not required for a will to be valid in Oregon. Not required for validity. Used for self-proving affidavits

Self-Proving Affidavit

Oregon allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)

Handwritten (Holographic) Wills

Oregon does not recognize holographic wills. Oregon does not recognize purely holographic (unwitnessed handwritten) wills. A handwritten will is valid only if it meets all standard execution requirements including two witnesses. Oregon provides a harmless error/substantial compliance mechanism under ORS 112.238

Electronic Wills

Oregon does not currently recognize electronic wills. Oregon does not currently recognize electronic wills. If a will is prepared online, it must be printed, physically signed, and witnessed

How to Revoke a Will in Oregon

In Oregon, a will can be revoked by:

• •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

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)

Relevant Oregon Statutes

• ORS 112.225 (Who may make a will)
• ORS 112.235 (Execution of a will)
• ORS 112.238 (Substantial compliance; harmless error)
• ORS 112.255 (Validity of execution)
• ORS 112.285 (Express revocation or alteration)
• ORS 112.305 (Revocation by marriage)
• ORS 113.055 (Self-proving affidavit)
• ORS 114.600-114.725 (Elective share)