{"id":375921,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-wills-laws.html"},"modified":"2023-04-18T14:16:50","modified_gmt":"2023-04-18T19:16:50","slug":"oregon-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-wills-laws.html","title":{"rendered":"Oregon Wills Laws"},"content":{"rendered":"\n
\n \n
\n

Oregon Wills Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most people hope to provide for their loved ones when they pass on. One way to ensure the people you love receive your assets when you die is to create a will<\/a>. A will should be part of a comprehensive estate plan, possibly including an advanced health care directive or living will<\/a> and a power of attorney for your financial affairs<\/a> to be taken care of if you become incapacitated.<\/p>\r\n

Intestate Succession: What Happens Without a Will<\/h2>\r\n

If you\u2019re considering whether or not to write a will, you should understand what happens<\/a> if you pass away before creating a will. Your assets will be distributed (after debts are paid) according to the intestacy laws where you reside when you pass on. Typically, only close relatives inherit from you in this case. This means an irresponsible child who\u2019s left your life completely could inherit your possessions while your best friend who\u2019s been of great assistance to you throughout your life would inherit nothing.<\/p>\r\n

The chart below outlines some of the primary will<\/a> laws in Oregon.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nOregon Revised Statutes Chapter 112 \u2013 Intestate Succession and Wills<\/a><\/td>\r\n<\/tr>
Requirements to Create Will<\/b><\/td>\r\nThe creator of the will, known as the \u201ctestator,\u201d must be at least 18 years or been lawfully married and is \u201cof sound mind.\u201d<\/td>\r\n<\/tr>
Number of Witnesses<\/b><\/td>\r\nAt least two witnesses must see the testator sign the will<\/a> or have a person sign it for him or her (when unable to sign) or hear the testator acknowledge his or her signature already on the will. The witnesses must attest to this by signing their names to the will.
\r\n
\r\nA will isn\u2019t invalidated just because the witness is \u201cinterested\u201d because he or she is also a beneficiary of the will.<\/td>\r\n<\/tr>
Revocation of Will<\/b><\/td>\r\nA person can revoke<\/a> his or her will by:
Validity of Out-of-State Wills<\/b><\/td>\r\nWills that are lawfully created in Oregon either at the time of execution or death, in the state the testator lived at the time of execution or death, or the place of execution when it was created and signed.
\r\n
\r\nWills are also valid if they comply with the Uniform International Wills Act<\/a>, which Oregon has adopted.<\/td>\r\n<\/tr>
Oral Wills<\/b><\/td>\r\nOral or \u201cnuncupative<\/a>\u201d wills aren\u2019t valid under Oregon law.<\/td>\r\n<\/tr>
Handwritten Wills<\/b><\/td>\r\nHandwritten or \u201cholographic\u201d wills aren\u2019t recognized in Oregon.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

For lower income individuals with fewer assets, you could create your own will using forms you find through your research or ask the local legal aid office<\/a>, Veterans Affairs office, or community wills clinic for help. Even if your current income is low, if you have a lot of assets in your estate, you should consider consulting with an experienced Oregon wills lawyer<\/a> to create the best estate plan for you.<\/p>\r\n

Note:<\/i><\/b> State laws change frequently. Therefore, you should contact an attorney or conduct your own legal research to confirm the currentness of these laws, especially if you plan to create a will.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n