Last Will and Testament in Oregon
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Oregon law says
| Requirements for a valid will | Any person who is 18 or older, or who has been lawfully married or emancipated, and who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction, or the testator must acknowledge an earlier signature) in the presence of each witness. At least two witnesses must see the signing, hear the acknowledgment, or observe the direction to sign, and must sign the will within a reasonable time before the testator's death. An electronic record does not count as a 'writing' for these purposes. The rule that an electronic record is not a 'writing' (2025 Or. Laws ch. 34) took effect January 1, 2026, and applies to writings of people who die on or after that date. Source: ORS 112.225; ORS 112.235 |
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| Self-proving affidavit | Oregon does not use a notarized self-proving affidavit as such. Instead, an affidavit of an attesting witness may be used in place of the witness's appearance in court when the will is admitted to probate; the affidavit may be signed at the time the will is signed or later. An interested person may ask the court, within 30 days after information about the estate is first mailed or delivered, to require the witness to appear. Source: ORS 113.055 |
| Handwritten (holographic) wills | Oregon does not have a separate category for handwritten (holographic) wills; an unwitnessed handwritten will does not meet the normal execution rules. However, a court may treat a signed writing that was not properly witnessed as a valid will if the person offering it proves by clear and convincing evidence that the decedent intended it to be a will (or a revocation or change of a will). The person offering it must give notice, and those notified have 20 days to file written objections. An electronic record, document or image does not qualify as a writing for this exception. Source: ORS 112.235; ORS 112.238 |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Oregon tenant rights
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.