How to Make a Will in Oregon

If you're a resident of Oregon and thinking about making a will, you should understand what a will is and how to make one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people (or organizations)
• name a trusted person to manage property left to minor children
• name a personal guardian to care for your minor children, and
• name an executor, the person entrusted with carrying out the terms of your will.

Below you'll find an overview of what a will can do for you, what Oregon laws require for making a valid will, and what the process looks like.

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.

What Happens If I Die Without 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. (Or. Rev. Stat. §§ 112.025; 112.035; 112.045 (2025).)

Can I Make My Own Will in Oregon?

Yes. As long as you follow the legal requirements for making a will in Oregon (see below), you can make your own will. Oregon doesn't have a statutory will—an Oregon will template included in the state's statutes—for people to use to make a simple will. But you can make your own will in Oregon, using Nolo's Quicken WillMaker & Trust.

You might 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?

Legal Requirements for a Valid 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.

(Or. Rev. Stat. § 112.225 (2025).)

To be of "sound mind," will makers must know when they're making a will that they are making a will, the nature and extent of their property, what the provisions in the will mean, and who their heirs are. (In re Estate of Erickson, 588 P.2d 125 (Or. App. 1978).)

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. (Or. Rev. Stat. § 112.365 (2025).)

You must make your will on actual paper. Type and print your will using a computer, or you can use a typewriter. It can't be on an audio, video, or any other digital document, image, or file. (Although, see "Can I Make a Digital or Electronic Will?," below.) (Or. Rev. Stat. § 112.235 (2025).)

How to Sign and Execute My Oregon Will

To finalize your will in Oregon:

• you must sign or acknowledge your will in front of two adult witnesses, and
• your witnesses must sign your will within a "reasonable time" before your death.

(Or. Rev. Stat. § 112.235 (2025).)

Some states prohibit interested witnesses—heirs or people named as beneficiaries in the will. Oregon allows interested witnesses, but it's generally a good idea to avoid using a beneficiary of the will as a witness. (Or. Rev. Stat. § 112.245 (2025).)

Do I Need to Have My Will Notarized?

No, in Oregon, you don't 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. (Or. Rev. Stat. §§ 112.235, 113.055 (2025).)

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 might change in the future.

Can I Choose and Appoint an Executor in My Will?

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 & Trust 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. (Or. Rev. Stat. § 113.085 (2025).)

Can I Revoke or Change My Will in Oregon?

In Oregon, you may revoke or change your will at any time, unless you entered into a contract not to revoke your will. (Or. Rev. Stat. § 112.270 (2025).)

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. (Or. Rev. Stat. § 112.285 (2025).)

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 won't 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.

(Or. Rev. Stat. § 112.305 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Oregon law revokes any language in favor of your spouse or that names your spouse to be your executor. This rule doesn't apply if you specifically state in your will that divorce won't affect the provisions in your will. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. (Or. Rev. Stat. § 112.315 (2025).)

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).

Next Steps

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.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Oregon wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Oregon, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Oregon?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Oregon, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Oregon does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.