How to Write a Will in Oregon

Taking control of your affairs is an essential responsibility, especially when it comes to the safety of individuals you care about. In Oregon, having a will is critical to safeguarding your possessions and ensuring the fulfilment of your goals. This legal document establishes the untimely management and allocation of your inheritance, providing comfort and clarity in difficult situations.

What are the Steps to Create a Will in Oregon?

Here are a few basic steps to follow when creating a will in Oregon.

1.   Decide what property to include in your Will

To ensure a smooth succession, create a list of your most significant assets and determine which assets will be abandoned outside of your control. When married, each spouse will make their own will, and you can only leave your part of any assets jointly with your spouse.

2. Decide who Will inherit your property

Most individuals can easily decide who gets what. After you’ve made your first selections, remember to select other (contingent) beneficiaries in case your original choices don’t survive you.

3. Choose an executor to manage your estate.

You can use your will to appoint an executor to carry out the terms of the will. The executor is in charge of the probate procedure, asset distribution, debt, and tax payments. The person you name can be without any special training because your executor can always engage a lawyer, accountant, or other professional to assist. However, be sure that the individual you’re thinking about is willing to serve the task shouldn’t surprise them.

4. Appoint a guardian for your children.

Should you have little children, determine who will raise them if you and their other parents are unable to do so.

5. Choose someone to administer the property of the children.

In the event you decide to leave property to children or young adults, you should appoint an adult to oversee their inheritance. You can designate that person as a property guardian, a property custodian under the Uniform Transfers to Minors Act (UTMA), or a trustee to grant them responsibility over the child’s inheritance.

6. Draft the Will.

To guarantee the will is legitimate, you should create it yourself or with the help of a lawyer, explicitly indicating who receives your assets according to your intentions and obeying all applicable regulations. 

7. Sign your Will in the presence of witnesses.

After creating your will, you must sign it in the presence of at least two witnesses. Should you include a “self-proving affidavit” with your will to make probate court proceedings easier after your death, your signature must be notarized.

8. Notarize the Will (Optional).

Your will does not need to be notarized to be valid. In the event you want the will notarized, you can sign a particular affidavit, known as a self-proving affidavit, before a notary. 

9. Review and Update Regularly.

You ought to examine and amend your will every three to five years or after a major life event such as a family death, childbirth, marriage, or divorce.

What happens if I don’t have a Will?

When you do not have a will and possess probate property, your estate will be distributed according to Oregon legislative guidelines. For instance, if you are married and do not have children, all property in your name will pass to your spouse.

What are the Requirements for Writing a Last Will?

The following are the requirements for writing a last will in Oregon;

1. Age

In Oregon, a person must have attained the legal age of 18 to write a valid will. However, the state allows one to write a will before they turn 18 if they are married or emancipated.

2. Mental capacity

For a Will to be valid in Oregon, the author must be of sound mind.

3. Written document

The will should be in writing or typed.

4. Signatures

The testator should sign the will in the presence of two witnesses for it to be valid.

5. Witnesses

For a will to be valid, it must be witnessed by two individuals who are not beneficiaries. These witnesses are required to observe the testator signing the will and must also sign the will themselves.

6. Compliance with state laws

It is critical to ensure that all Oregon legal procedures are strictly followed.

How often should you review and update your Oregon Will?

You should review and update your Oregon will in every three to five years. This can also be done when a big life event occurs, such as marriage, divorce, death, childbirth, and so on.

How to revise and update your Will in Oregon.

When you want to revise and update your Oregon will in Oregon, you can draft a “codicil,” which is a legal document that allows you to make amendments or additions to an existing will without completely rewriting the entire will. A codicil must follow the same legal procedures as a will, so it is best to contact an attorney about the modifications you want to make.

What makes a Will valid in Oregon?

For a will to be valid in the state of Oregon, it must be;

1.  Written by an individual of at least 18 years of age and of sound mind. However, you can create a will before you turn 18 if you are married or emancipated.
2.  The will must be in writing or typed.
3.  The testator must sign the will in the presence of two witnesses who are not listed as beneficiaries.
4.    The witnesses should sign the will as well.
5.   The will must be printed on paper. 
6.  The will should be by the laws of the state of Oregon. 

Can a Will be handwritten in Oregon?

No, some states regard handwritten wills as binding, but Oregon does not. This is because such will frequently fail to meet formal standards, and without witnesses, they are more vulnerable to issues about undue influence or the testator’s mental competence.

 How do I sign my Oregon Will?

The following are the steps to follow when signing a will to ensure it remains valid.

1.   Proofread the will.
2.   Arrange for witnesses to be present while signing the will.
3.   Sign and date the will.
4.   Have the witnesses sign the will.
5.   Sign sworn statements before a notary public to make it self-proving. Attach the notarized affidavits to your will (Optional).

What can I include in an online Will in Oregon?

The following can be included in an online will in Oregon;

1. An inventory of your property and assets.
2. A list of your beneficiaries
3. Gifts given to particular people or organizations
4. Your selected executor should manage your estate.
5. A Guardian of any underage or dependent children (or pets)
6. A nominated individual will handle property for dependent children.
7. Final desires for your remains, funeral, burial, or cremation,
8. Any final instructions or letters to loved ones.

Types of assets covered in an Oregon Will.

Below are the types of assets covered in an Oregon will;

1. Life insurance policies. This includes any proceeds of life insurance policies taken by the testator during their lifetime.
2. Retirement accounts. The proceeds of your retirement accounts count as part of your assets.
3. Certain types of stocks and bonds are payable on death (POD) or transfer on death (TOD) accounts.
4. Real estate property such as land, buildings, and any other fixtures on the land owned by a testator.
5. Personal property like jewellery can be counted as assets in a will.
6. Economic copyright rights to artwork, Music, or any other creations created by the testator.

Can I revoke or change my Will in Oregon?

Yes, you may modify your will at any moment if you are of sound mind. Major life events like marriage, divorce, the loss of a family member, or the birth of a child are all appropriate reasons to update your will. In fact, in Oregon, marriage can revoke any will you prepare before marriage.

How do you revoke or change a Will in Oregon?

The laws of the state of Oregon prescribe that a will can be revoked or changed by making another will or through physical acts, such as burning, tearing, cancelling, obliterating, or destroying, by the testator or someone acting in their presence.

Can I make Digital or Electronic Will in Oregon?

Yes, all the applicable state statutes for a will to be valid apply to any Digital or electronic will.

Who can witness a Will?

The state of Oregon requires that the witnesses to your will must be at least eighteen (18) years old and of sound mind.

Should my Will mention an Executor?

Yes, you have to appoint an executor that you trust and can rely on to manage your affairs appropriately, given the magnitude of the responsibility of the role.

What are the Oregon Will Executor requirements?

The following are Oregon will Executor requirements;

1. Age

For a person to be appointed as an executor, they must have attained the legal age of 18 years.

2. Mental capacity

One must be of sound mind and not be judged incapacitated by the court.

3. One Should not be an ex-convict

In Oregon, if an executor is convicted of a crime, they must inform the court or face disqualification. Similarly, the judge may choose to disqualify the executor if the judge believes that the individual is likely to mismanage the estate.

What happens to a Will after Death in Oregon?

After the death of the testator, the will must be proved and submitted to the proper probate court. The personal representative chosen in the will may then administer the estate, which includes inventorying assets, paying debts, and distributing property.

What is the impact of marriage and divorce on your Oregon Will?

Under Oregon statutes, if you have an existing will and subsequently marry and are survived by your spouse, your will is immediately cancelled by legislation. The exceptions to automatic revocation are:

1. The will evidences an intent that it should not be revoked by subsequent marriage or made in contemplation of marriage.
2. The person making the will and his or her spouse enter into a contract before their marriage (such as a prenuptial agreement) that either provides for the spouse or indicates that they will not receive any part of the estate. 

In the same way, Oregon state law prescribes that divorce can automatically cancel some terms of a will. When the divorce decree is properly drafted, a former spouse may be nominated as the estate’s representative.

Do all Wills in Oregon have to go through probate?

No, having a will can lessen the cost of probate and the strain on your friends and family. Whether your property must go through probate is determined by its worth and how it is titled, not by whether you have a will.

Is Oregon a community property state?

No, Oregon is an equitable distribution state.

How is Oregon’s intestate succession done?

Should you die without a will in Oregon, your assets will be distributed to your closest relatives under the state’s “intestate succession” rules. The approach takes into account your surviving family members. Should you have a spouse but no children or grandkids, your spouse will inherit everything. In the event you do not have a spouse, your children will inherit everything. Interestingly, having a spouse and children with that spouse does not change anything; your spouse will still inherit everything.

How is estate and inheritance tax done in Oregon?

The state of Oregon does not impose an inheritance tax, but it does have an estate tax levied at 10% to 16% on estates valued at more than $1 million. This state tax is distinct from federal estate taxes. However, the federal estate tax exemption of $13.61 million in 2024 for individuals is double that for spouses, which impacts just a handful.