Making a Will in Oregon

Steps to Create a Will in Oregon

Here's a quick checklist for making a will in Oregon:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

Why Should I Make an Oregon Will?

A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

What Happens If I Don't Have a Will?

In Oregon, if you die without a will, your property will be distributed according to state "intestacy" laws. Oregon's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Do I Need a Lawyer to Make a Will in Oregon?

No. You can make your own will in Oregon, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

What Are the Requirements for Making a Will in Oregon?

To make a will in Oregon, you must be:

• an individual 18 years of age or older (or married or an emancipated minor), and
• of sound mind. Oregon Rev. Statutes § 112.225.

Your will can dispose of the property you own at the time you make the will, as well as property you acquire after making it. Oregon Rev. Statutes § 112.365.

You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter.

How Do I Sign My Oregon Will?

To finalize your will in Oregon:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will within a "reasonable time" before your death. Oregon Rev. Statutes § 112.235.

Do I Need to Have My Will Notarized?

No, in Oregon, you do not need to notarize your will to make it legal.

However, Oregon allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will.

• Oregon Rev. Statutes § 112.235.

Should My Will Name an Executor?

Yes. In Oregon, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will?

In Oregon, you may revoke or change your will at any time, unless you entered into a contract not to revoke your will. See Oregon Rev. Stat § 112.270.

You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you and at least two witnesses, or
• making another will that says it revokes the old one.

You can't use the first two options above to revoke only part of your will. Oregon Rev. Statutes § 112.285.

If you marry after you make your will, your will is automatically revoked if your spouse survives you unless you:

• include language in your will that says it should not be revoked by a future marriage or that you were considering marriage at the time that you made the will
• have a prenuptial agreement with your spouse that provides for your spouse or says that your spouse has no rights to your estate, or
• had already entered into a registered domestic partnership with the person at the time you made your will who you later married. Oregon Rev. Statutes § 112.305.

If you and your spouse divorce (or if a court determines that your marriage is not legal), Oregon law revokes any language in favor of your spouse or that names your spouse to be your executor. This rule does not apply if you specifically state in your will that divorce should not affect the provisions in your will. Oregon Rev. Statutes § 112.315. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Oregon currently doesn't allow e-wills, but that may change in the future.

Where Can I Find Oregon's Laws About Making Wills?

You can find Oregon's laws about making wills here: Oregon Revised Statutes Volume 3 Landlord/Tenant, Domestic Relations, Probate Title 12 Probate Law Chapter 112 Intestate Succession and Wills.