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A quick, convenient Oregon will
If you die without a will in Oregon, a probate court determines who gets your assets and who will care for your minor children. A will is your instructions on how you want your estate distributed and who you want to care for your minor children. If you do not have a will, the probate process takes longer because the court follows Oregon’s intestate succession rules and makes decisions on your behalf.
Through your will, you can choose for yourself who should receive your property and pick guardians for minor children, decide what age beneficiaries can access their inheritance, and safeguard your estate by explicitly disinheriting individuals you do not wish to inherit. Take control of your family’s future with an Oregon will tailored to your needs.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How do I start my Oregon will?
Follow this guide to creating your own Oregon will
List your assets and decide how you want to give them away
First, determine what assets you own and who should inherit them. Some assets transfer outside of your will, including:
- Bank and investment accounts with transfer-on-death beneficiaries
- IRA and retirement accounts with transfer-on-death beneficiaries
- Real estate with joint tenancy
- Life insurance policies with beneficiaries
- Gifts made during your lifetime
- Any property in a trust
Choose your beneficiaries
A beneficiary inherits your assets and personal property after debts and taxes are paid. If your beneficiary is under 18, you can direct their share to be held in a trust for them until they reach a certain age.
Choose your personal representative
In Oregon, your executor or personal representative is someone who distributes your estate. They file paperwork with the probate court, pay your estate debts, and distribute the assets to your beneficiaries. Choose someone organized, responsible, and trustworthy.
Decide who will care for your minor children
If you have children under 18, appoint a guardian to take care of them. A guardian handles the financial support, education, healthcare, and maintenance of your children.
Decide who will receive specific personal property
If you want to give someone a specific bequest or gift, list the item and the beneficiary in your will. For example, you may donate a dollar amount to your favorite charity.
Print and sign the document in front of witnesses
A valid will requires your signature and witnesses. In Oregon, you need two people to attest that they saw you sign the document.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
Ready to begin your Oregon will?
Create my willFrequently asked questions about Oregon wills
You may see free will forms or online templates, but attorneys may not vet these forms and they might be incorrect for Oregon. Experienced attorneys put together FindLaw’s state-specific forms to provide you with a custom will. Additionally, our step-by-step guide gives you instructions along the way.
Yes. You can change your will at any time. If you want to make a change, you can revoke your original will and draft a new one. As circumstances change, you may want to change your beneficiaries, personal representative, guardian, or trustee. A codicil is a small change to a will that must be signed and witnessed in the same manner as a will. However, you may want to draft a whole new will to update it with your current situation. The advantage of a FindLaw will is that you can save your work. So, if you ever need to make a change to your will, you can simply update the form and execute your new document.
In Oregon, you must be 18 years of age, legally emancipated, or married to create a will. There is also a requirement to have a “sound mind,” which means you are competent enough to make a will. If you have a sound mind, you understand that you are making your will, know who your beneficiaries are, and what assets you have.
You must follow Oregon state law to execute a will properly. Oregon requires two people to witness that you signed your will. A court may later petition those witnesses to attest that they were present when you signed your will. You may also want to pay a little extra to have a notary public execute a “self-proving affidavit.” That is where you have your witnesses affirm to the notary that they were present when you signed the will. They may also state that you were competent and signed willingly.
Yes, Oregon taxes estates worth over $1 million. Oregon Estate Transfer Tax Form OR-706 is used to calculate the amount of estate taxes owed. The form and tax are due nine months after your death. However, a surviving spouse who inherits everything does not have to pay the estate tax.
There is no inheritance tax in the state of Oregon. So your beneficiaries do not have to pay tax on anything they inherit from you.
A will is a great start, but it is only part of a complete estate plan. You overall plan should address what happens if you can’t make financial or medical decisions independently due to incapacity. The following documents address that situation:
- A financial power of attorney is a document that gives an agent you name the right to make financial decisions on your behalf.
- A medical power of attorney in Oregon is known as a healthcare representative. The appointment of a healthcare representative allows you to name your healthcare agent to make medical decisions for you.
- An advance directive, also called a living will, appoints a healthcare representative to handle your end-of-life instructions.
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