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Oregon Last Will and Testament

Oregon law requires 2 attesting witnesses for a valid will and does not recognize holographic wills. Make a free will template; attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called a personal representative or executor, who will administer your estate. It can also name a guardian for minor children. In Oregon, a will must be signed by the testator (the person making the will) and attested by at least two witnesses, who sign within a reasonable time before the testator dies, according to ORS 112.235. Oregon does not invalidate a will just because an interested witness, meaning someone who also receives a gift under the will, signs as one of the two witnesses (ORS 112.245); using disinterested witnesses is still the more cautious practice. Oregon has no statutory self-proving affidavit that lets a will skip witness testimony at probate, so a notary is not part of executing the will itself. Oregon does not recognize handwritten, unwitnessed (holographic) wills. A testator must generally be at least 18, or lawfully married or emancipated, and of sound mind (ORS 112.225). Because the underlying primary source was unreachable at the time this page was researched, confirm current statutory text before relying on these formalities. Attorney review is available as an option.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die; it can also name a guardian for minor children.

  2. 2

    Oregon requires at least two witnesses. Each of at least two witnesses must see the testator sign, hear the testator acknowledge the signature, or hear or observe the testator direct another to sign, and then attest by signing the will within a reasonable time before the testator's death (ORS 112.235). [Confirm current text against the primary Oregon statute; the source used to build this page could not reach oregonlegislature.gov directly.]

  3. 3

    An interested witness does not invalidate the will. Oregon has no purging statute: a devise to a witness who also benefits under the will is fully valid (ORS 112.245). Using witnesses who are not beneficiaries is still the safer practice.

  4. 4

    Oregon does not have a classic notarized self-proving affidavit signed at the same time as the will. A related sworn affidavit under ORS 113.055 can substitute for a witness's live testimony at probate, but it is not executed at signing and is not a self-proving affidavit in the usual sense.

  5. 5

    Oregon does not recognize holographic (handwritten, unwitnessed) wills. Every will must be in writing, and 'writing' does not include an electronic record, and must be attested by at least two witnesses under ORS 112.235.

  6. 6

    The will itself does not need a notary. Oregon's execution formality is witnessing, not notarization; a notary or other officer is used only in connection with the separate ORS 113.055 probate affidavit, not to make the will itself valid.

  7. 7

    A testator must generally be at least 18 years old, or lawfully married or emancipated, and of sound mind to make a will (ORS 112.225). A will can be revoked by a later will or by a physical act done with intent to revoke (ORS 112.285), and divorce revokes provisions favoring a former spouse (ORS 112.315).

Key decisions before you file

Before you file a Last Will and Testament in Oregon, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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OREGON LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Oregon, being of sound mind and at least 18 years old, or lawfully married or emancipated, declare this to be my Last Will and Testament and I revoke all prior wills and codicils that I have made. This is a will, meaning a legal document stating who receives my property and who administers my estate after I die.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] of [CITY], Oregon, as personal representative of my estate. Oregon uses the term personal representative for the role an executor holds in other states. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative, to have all powers granted to a personal representative under Oregon law, including collecting assets, paying valid debts and taxes, and distributing the residuary estate described below.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, including recipients and descriptions of the items or amounts given. Identify each beneficiary, the property or amount given, and any alternate beneficiary if the first does not survive the testator.]

  4. RESIDUARY CLAUSE I give all the rest, residue, and remainder of my estate, of whatever kind and wherever located, meaning everything not specifically given above, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE This will was signed by me, the testator, on the date below. At least two witnesses each saw me sign this will, or heard me acknowledge my signature, or heard or observed me direct another to sign it for me, and each attests by signing below within a reasonable time before my death, as ORS 112.235 requires. This document is a writing; an electronic record does not qualify as a writing under Oregon law.

Dated: [DATE]

[TESTATOR NAME], Testator

WITNESSES We, the undersigned, each competent to testify, state that the testator signed this will in our presence, or acknowledged the signature to us, or directed another to sign on the testator's behalf, and that we now sign below as witnesses in the testator's presence, within a reasonable time before the testator's death.

Witness 1 Signature / Printed Name / Address

Witness 2 Signature / Printed Name / Address

Note: This will is governed by Oregon Revised Statutes Chapter 112 (ORS 112.225, 112.235, 112.245, 112.285, 112.315). Oregon requires at least two attesting witnesses under ORS 112.235; it does not use notarization as a substitute for witnessing, and it has no statutory self-proving affidavit executed at signing, so this template does not include one. Oregon does not invalidate a will merely because an interested witness, meaning someone who also receives a gift under the will, signs as one of the two witnesses (ORS 112.245), but naming witnesses who are not beneficiaries remains the more cautious practice, since some other states do purge an interested witness's gift. Oregon does not recognize a handwritten, unwitnessed (holographic) will. Because the primary Oregon statute site was unreachable when this page was researched, confirm current statutory text before relying on these formalities. This is a short Oregon skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Oregon in about a minute, and notarize it online through DocDraft if it does.

Oregon Requirements for Last Will and Testament

Two Attesting Witnesses Required

Oregon requires at least two witnesses. Each witness must see the testator sign the will, hear the testator acknowledge the signature, or hear or observe the testator direct another to sign, and must then attest by signing the will within a reasonable time before the testator's death (ORS 112.235). Confirm current statutory text against the primary Oregon source before relying on this count.

Interested Witnesses Do Not Invalidate a Will

Oregon has no purging statute for interested witnesses. A devise to a witness who also receives a personal and beneficial interest under the will is fully valid and does not invalidate the will (ORS 112.245). Using witnesses who are not beneficiaries is still the safer practice.

No Statutory Self-Proving Affidavit at Signing

Oregon does not have a classic self-proving affidavit form executed at the time the will is signed. A separate sworn affidavit under ORS 113.055 can substitute for an attesting witness's live testimony at probate, but it is a probate-stage document, not a self-proving affidavit signed with the will.

Holographic (Handwritten) Wills Are Not Recognized

Oregon does not recognize a handwritten, unwitnessed will. Every will must be in writing, and writing does not include an electronic record, and must be attested by at least two witnesses under ORS 112.235; no Oregon statute authorizes an unwitnessed handwritten will.

No Notary Required to Execute the Will

Oregon's execution formality for the will itself is witnessing, not notarization (ORS 112.235). A notary or other officer authorized to administer oaths is used only in connection with the separate ORS 113.055 probate affidavit, not to make the will valid at signing.

Minimum Age and Testamentary Capacity

A testator must generally be at least 18 years old, or lawfully married or emancipated under ORS 419B.550 to 419B.558, and of sound mind to make a valid will (ORS 112.225).

How to Revoke a Will

A will may be revoked by making a later will, or by a physical act, such as burning, tearing, canceling, obliterating, or destroying it with intent to revoke, done by the testator or by another at the testator's direction and in the testator's presence (ORS 112.285). Divorce or annulment after the will is signed also revokes provisions favoring the former spouse, unless the will shows a different intent (ORS 112.315).

Name a Personal Representative (Executor)

Oregon uses the term personal representative for the person who administers the estate (comparable to an executor in other states). Name a personal representative and a successor in the will so someone is ready to carry out its terms and, where required, seek appointment by the court.

Does your Last Will and Testament need to be notarized in Oregon?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Oregon requires at least two witnesses. Each witness must see the testator sign the will, hear the testator acknowledge the signature, or hear or observe the testator direct someone else to sign, and then each witness attests by signing within a reasonable time before the testator's death (ORS 112.235). Oregon does not invalidate the will if one of the two witnesses is also a beneficiary (ORS 112.245), though using disinterested witnesses is still the more cautious choice. Confirm current statutory text before relying on this formality.

No. Oregon's execution formality for a will is signing in front of at least two witnesses, not notarization (ORS 112.235). Oregon does not have a self-proving affidavit that is notarized at the same time the will is signed. A separate sworn affidavit under ORS 113.055 can be used later, at probate, in place of a witness's live testimony, but that is not part of making the will itself valid.

No. Oregon requires every will to be in writing and attested by at least two witnesses under ORS 112.235; there is no Oregon statute allowing an unwitnessed handwritten will. A will that is only handwritten and signed by the testator, without the required witnesses, would not meet Oregon's execution formalities.

Put your wishes in writing (an electronic record does not count), name a personal representative to administer your estate, describe how your property should be distributed, and sign the document. Then have at least two witnesses watch you sign, or acknowledge your signature to them, and have each witness sign within a reasonable time before your death, as ORS 112.235 requires. You must generally be at least 18, or lawfully married or emancipated, and of sound mind (ORS 112.225).

A valid Oregon will is a signed writing, attested by at least two witnesses who each saw the signing, heard an acknowledgment, or heard a direction to sign, and who then sign the will themselves within a reasonable time before the testator's death (ORS 112.235). The testator must generally be at least 18, or lawfully married or emancipated, and of sound mind (ORS 112.225). Oregon does not recognize holographic wills and has no self-proving affidavit executed at signing.

Oregon does not have the classic self-proving affidavit form used in some other states, which lets a will be admitted to probate without any witness testimony. Instead, ORS 113.055 allows a sworn affidavit from an attesting witness to substitute for that witness appearing in person at probate. This affidavit is used separately from signing the will and is not a guarantee that no witness testimony will ever be needed.

A person must generally be at least 18 years old to make a will in Oregon. Oregon also allows a person who is lawfully married, or who has been emancipated under ORS 419B.550 to 419B.558, to make a will even if under 18, and the person must be of sound mind (ORS 112.225).

A will can be revoked by making another (subsequent) will, or by a physical act, such as being burned, torn, canceled, obliterated, or destroyed with the intent to revoke it, done by the testator or by another person at the testator's direction and in the testator's presence (ORS 112.285). Divorce or annulment after the will is signed also revokes any provisions favoring the former spouse, unless the will shows a different intent (ORS 112.315).