Making a will has a similar process in every state; however, there are key differences in the requirements for a will to be recognized as valid in the particular state. When you make an online will in Oregon, it is best to use an online will template that is designed for the state—you also want to make sure you follow all the specific legal requirements detailed in Oregon state code.
Can I make a will online in Oregon?
Yes, you can make a will online in Oregon. We recommend using an online will making service like USLegalWills to do so.
All the applicable state statutes for a will to be valid also apply to any will made online. Here are the requirements to make a valid will in Oregon:
- The Testator (the person making the will) has to be at least 18 years of age, or a minor who is lawfully married or has been emancipated.
- The Testator must be of sound mind and have testamentary capacity (meaning that the Testator intends for the will to serve as a last will and testament and understands what a will is).
- The will must be in writing. Currently, Oregon does not accept digital-only wills. If you make a will online, you must print it out.
- The Testator must sign the will or acknowledge the signature in front of two witnesses.
- The two witnesses must sign the will within a reasonable amount of time before the Testator’s death.
In Oregon, you are free to have any competent person who is of age (18 or older) act as a witness. It is always best to use “disinterested” witnesses (witnesses who are not beneficiaries in the will); however, a will is not invalidated if a witness is an “interested” party.
Does Oregon require a notarized will?
No, you do not need to notarize your will in Oregon. However, Oregon does allow for a will to be “self-proved.” When a will is submitted to the probate court, it undergoes a process in order to validate the will. Typically, this requires the witnesses who signed your will to testify before the court. If you choose to make your will “self-proved,” it can speed up this process because the court often does not need the witnesses to testify in order for the court to accept the will as valid.
To make your will “self-proved” in Oregon, you and your witnesses sign “self-proving affidavits” in front of a notary public. Once you obtain these affidavits, you attach them to your will.
These affidavits serve as though you and your witnesses testified to the authenticity and validity of your will in front of the court itself. By making these sworn statements in front of the notary, the court generally no longer requires the witnesses to testify and can automatically accept the will as valid (as long as it meets the other general requirements).
Can I name an executor in Oregon?
In Oregon, an executor can be named in an online will. The person selected to settle the estate, ensuring the will is followed after the Testator’s death, is known as the executor of the estate. It is wise to name someone as the executor in your will, as otherwise, the court will have to appoint someone (which can cause delays in the probate process). You want to select someone you know well; you want to select someone trustworthy, who is organized and able to accomplish any and all matters pertaining to settling an estate.
There are requirements for a person to be allowed to serve as an executor. To qualify to serve as an executor in Oregon:
- The person must be at least 18 years old and be of sound mind.
- The person must notify the court if they have any felony convictions. The court will disqualify someone if the conviction shows “unfaithfulness and neglect”; the judge will disqualify the person if they believe the person will mismanage your estate.
- The person must not be an attorney who has been disbarred or suspended for misconduct.
- The person must not be a licensed funeral services practitioner (unless they are a relative); there is also an exemption if you were a licensed funeral practitioner, and your executor is your business partner or employee.
In Oregon, there are no special requirements to name an executor who lives out-of-state. However, it is better to consider naming someone who lives nearby to serve as the executor for practical purposes. The executor may have to handle matters pertaining to settling the estate for weeks (or even longer sometimes).
Do I need an attorney to make a will in Oregon?
No, you do not need an attorney to make a will. If your estate is relatively simple and your will is straightforward, online will making is a good option. When you make an online will in Oregon, be sure to use an online will making service with state-specific templates. You also want to make sure you follow all the legal requirements to execute a valid will.
If you have a complex or large estate (or if your will contains complicated conditions), it is always best to consult an estate planning attorney.
What types of wills are valid in Oregon?
If the will satisfies all the state-specific requirements for Oregon, then the will is valid (whether made online or not).
Can I make a holographic will in Oregon?
A holographic will is a handwritten last will and testament. It is written and signed by the Testator (the person making the will).
In Oregon, holographic wills are not considered legally binding. It is not because the will is handwritten but because a holographic will does not satisfy the witness requirement for a will to be valid in Oregon. While that means you can technically handwrite a will, as long as it is properly witnessed, and it be recognized by the court—it is better to use an online will designed for the state. Handwritten wills often face challenges in probate; many times, people use unclear language, forget important provisions, or have illegible handwriting. To avoid unnecessary legal complications, it is better to make an online will in Oregon.
Can I make a nuncupative or video will in Oregon?
A nuncupative will is an oral will. Some individuals wish to leave oral wills on video. Like holographic wills, nuncupative wills are not recognized in Oregon. In this case, it is because state law requires a will to be in writing and to be signed by both the Testator and two witnesses.
Most states that allow nuncupative wills consider them to be an emergency or last resort type of will. If you are facing imminent death and have no will, it is better to leave a nuncupative will than no instructions at all. However, because Oregon does not recognize nuncupative wills, any instructions left in this way will not be enforced by the court. If time and health allow, a written, witnessed, and legally binding will is much better for avoiding legal delays when settling the estate.
How is a living will different from an online will in Oregon?
While a last will and testament contains matters pertaining to your estate, a living will is a separate legal document which contains instructions on medical decisions and end-of-life care. A living will and a last will and testament have two distinct purposes, and each has different requirements in order to be considered valid. If you leave medical directives or end-of-life care stipulations in your last will and testament, these instructions will not be effective. Most of the time, a last will and testament (whether made online or not) is not consulted until the funeral, when the estate enters probate. This means, even if not legally binding, your family might not even know about your wishes.
A living will (also known as an advance directive) that meets specific requirements is a legally binding document; you can make both a last will and testament and a living will online. For more information on living wills in Oregon, you can go here.
Overall, the requirements for a living will to be effective in Oregon are:
- Only adults (or emancipated minors) can make a living will.
- It must be in writing, substantially following the mandatory statutory form (ORS 127.527).
- It must be signed by two adult witnesses, at least one of whom is not the declarant’s relative by blood, adoption, or marriage.
Why do I need to make a will online in Oregon?
If someone dies without a will, they die intestate. When this happens, there are laws (called intestacy laws) that determine what happens to the person’s estate. In addition, the court will step in and appoint guardians for any minor children as well as name someone to serve as the executor of your estate. Your estate will be divided between surviving family members according to the intestacy distribution laws of Oregon. If the court determines you have no surviving family members, the state can take ownership of your estate. This can become a lengthy, complicated legal process. Property is often held up in probate for months or even years at a time.
In order to simplify this process, you should make a will. It is especially important to make a will if you have any minor children, to make sure they are well cared for in the event of your death. If you want to distribute property to friends or even in a specific way between your family, you can only do that through a will. If you make an online will in Oregon, be sure to use a template designed for the state.
What can I include in an online will in Oregon?
You can include any of the following provisions when you make a will in Oregon (made online or otherwise):
- You can name an executor for your estate.
- You can appoint guardians for minor or dependent children.
- You can choose someone to oversee property left to minor children.
- You can choose someone to care for remaining pets (and you can include a “pet trust” in order to assist with the financial cost of caring for any pets).
- You can leave property or gifts to specific people, from friends to family.
- You can leave property or gifts to organizations or charities.
- You can designate who receives family heirlooms and sentimental items.
- You can choose how to distribute any other personal or sentimental items.
What should not be included in a will in Oregon?
A last will and testament is not the right place for designating end-of-life care or funeral instructions. Any medical directives or end-of-life care instructions left in a will are not considered to be effective and valid; you have to make a separate legally binding document for such instructions. If you leave funeral directions in your will, it is likely family members may not know about them until after the funeral. This is because a will is generally not consulted until after the funeral, when the will is presented to the probate court.
To designate end-of-life care, create a living will.
To leave your funeral directions, there is no special requirement. You can simply talk about your wishes with family members, or you can make a document which describes what you wish for your funeral arrangements. Be sure to give copies of this document to the executor of your estate or other family members.
Can I change or revoke an online will made in Oregon?
As a will is considered a legally binding document (whether made online or not), it is important to understand how you can change or revoke your will. You can revoke or change your will at any time.
In Oregon, you can change or revoke your will by:
- Writing a new will that states it revokes the old will.
- Destroying your will physically with the intent of revoking it.
- Ordering someone else to physically destroy it in front of you.
In Oregon, your will is automatically revoked if:
- If you marry and your spouse survives you (unless you have language in your will that says it is not to be revoked by a future marriage or if you have a prenuptial agreement that either provides for your spouse or specifically states your spouse has no rights to your estate).
- If you divorce, any language that leaves provisions to your former spouse is revoked (if your former spouse is a named executor in your will, that is voided).
It is always wise to revisit your will after any major life change, including marriage or divorce. Birth of a child, adoption, acquisition of significant assets, or relocation to another state or country are also reasons you should update your will. If you are making substantial changes to your will, it is often better to revoke your old will and write a new one. But if you only need to make minor changes to a will, you can add an amendment called a codicil instead. A codicil must be finalized in the same way that the original will is finalized.
How do I finalize an online will in Oregon?
After you make an online will in Oregon, you want to follow these steps to finalize it:
- Print it out,
- Sign or acknowledge your signature in front of two witnesses, and
- Have your witnesses sign your will within a “reasonable time.”
To make your will “self-proved” in Oregon, you and your witnesses sign “self-proving affidavits” in front of a notary public. Once you obtain these affidavits, you attach them to your will.
Be sure to consider these special considerations in Oregon:
- If you intend on disinheriting any next-of-kin, it is best to consult an attorney.
- The following are considered non-probate inheritances and are not to be included in a will:
- Living trusts,
- Life insurance policies,
- Retirement accounts,
- Property with “transfer-on-death” or beneficiary deeds,
- “Pay-on-death” bank accounts,
- Property owned in joint tenancy.
USLegalWills is a leading provider of online wills. Their service has helped millions of people create a last will and testament over the last twenty years. We like that their services are easy to understand, reasonably priced, and produce an accurate document. You can also create a Living Will and other key end-of-life documents. It’s an affordable, accessible way to create an online last will and testament now. No more procrastinating. Get started with USLegalWills and leave your estate in order for your loved ones.