Secure your Future: A Step-By-Step Guide to Writing Oregon Wills

A Last Will and Testament in Oregon is a vital legal document that specifies instructions related to property distribution as per the wishes of the testator or the person making the Will. It explains how a testator's property must be distributed after his death.

Why should you write a Last Will and Testament in Oregon?

Writing a Last Will and Testament in Oregon is not a legal requirement. However, creating an Oregon Last Will and Testament can be helpful to ensure the wishes of the testator are being followed after his demise.

An Oregon Last Will and Testament helps testators distribute assets to their families and loved ones. In addition, it allows testators to make charitable contributions, open trusts, ensure care for minor children, appoint legal guardians to care for minor children, ensure pet care, etc.

It gives testators the peace of mind that their loved ones will be secured and their wishes will be fulfilled after death.

What happens if you die without a Last Will and Testament in Oregon?

Without a Last Will and Testament, Oregon intestacy law will be applicable.

Under the laws of intestacy, the distribution of assets will be in accordance with state laws, under which the surviving spouse may inherit the entire property of the deceased, even if the couple has shared descendants.

However, if the decedent has descendants who are not shared with the surviving spouse, the spouse's share decreases to half of the estate.

The estate may pass on to parents or grandchildren if there is no surviving spouse or descendants.

Furthermore, in cases where there is no surviving spouse, descendants, parents, or grandchildren, the inheritance is determined based on the closeness of the relationship with other relatives. It includes siblings, grandparents, and other close relatives who may inherit the estate, depending on the specific circumstances and the degree of kinship.

The state will take over the property if the court exhausts the search and finds no living kin by blood or marriage.

What are the requirements to write a Last Will and Testament in Oregon?

An Oregon Last Will and Testament requirements are as follows:

• The testator must be at least 18 years of age or married under the law.
• The testator should have a sound mind.
• The Will must be written on paper.

Furthermore, it is necessary that the testator sign the Will along with two witnesses who have witnessed the execution of the Will.

Signing a Will by an interested witness does not invalidate a Will in Oregon.

What can be included in Oregon Wills?

The following instructions can be included in Oregon Wills:

• Property distribution to family and loved ones
• Legal representative to handle property distributed to minor children on their behalf
• Legal guardian to care for minor children
• Pet care
• Charitable contributions
• Trusts
• Name of the executor of the Will

Additionally, testators must not include medical treatment or funeral-related instructions in a Last Will and Testament. Instructions as such should be mentioned in a Living Will.

Do you need to name an executor or a personal representative in Oregon Wills?

Naming an executor or a personal representative in Oregon is not legally required. However, without an executor, the probate court may appoint someone else to take over the task of winding up the estate.

Steps to Write a Will

• Determine the assets to include in the Will.
• Determine beneficiaries of the properties.
• Choose a guardian to care for minor children.
• Appoint a person to manage property for minor children.
• Appoint an executor of the Will.
• Make a Will and sign it in front of two witnesses.
• Keep the Will in a safe place.

Types of Wills in Oregon

Oregon law requires all Wills to be on actual paper. Oregon does not allow digital or electronic Wills.

That being said, Oregon residents can prepare a Will by typing and printing it using a computer or a typewriter.

What is the probate process in Oregon?

In order for the provisions outlined in a Will to be legally accepted, the Will must undergo the probate process in court.

Once accepted in the probate court, the individual designated as the personal representative in the Will can begin the administration of the estate, which involves tasks such as taking inventory of assets, settling debts, and distributing the property according to the instructions in the Will.

Does a Will need to be notarized under Oregon law?

Oregon does not mandate the notarization of Wills. However, self-proving a Will requires going to the notary and the witnesses and signing an affidavit.

Self-proving a Will can speed up the process of probate since the court can approve the Will without needing to contact the witnesses.

Do you need a lawyer to write a Will?

In most cases, having a lawyer to make a Will is not mandatory in Oregon. However, it is advisable to have a lawyer in certain circumstances, for instance, if the Will may be contested.

How to change or revoke a Will

Change a Will

An Oregon Will can be changed by revoking a Will and creating a new one.

Furthermore, in case of minor changes, testators can add a codicil. However, testators need to follow similar procedures as writing a new Will.

Revoke a Will

An Oregon Will can be revoked by tearing, burning, or destroying the Will by other means.

Furthermore, testators can revoke a Will by ordering someone to tear, burn, or destroy the Will in front of the testator himself and two witnesses. In addition, testators may also write a new Will which states it revokes the old Will.

In the case of marriage, after writing a Will, the Will is automatically revoked if the surviving spouse outlives the testator unless specific conditions are met. These conditions include:

• Including language in the Will stating it should not be revoked by a future marriage or indicating that the testator was considering marriage at the time of making the Will.
• Having a prenuptial agreement with the spouse that addresses the rights to the estate or confirms that the spouse has no claim to the estate.

If a divorce occurs (or if a court determines that the marriage is not legal), Oregon law automatically revokes any provisions in the Will favoring the former spouse or naming them as the executor. However, this rule does not apply if the Will explicitly states that the divorce should not affect the provisions outlined in the Will.

Closing Thoughts

Preparing a Will in Oregon holds great significance as it ensures that an individual's assets are distributed according to their wishes upon passing. By crafting a comprehensive and legally binding Will, individuals can offer clarity and guidance to their loved ones during the challenging times after their demise.

It is crucial to remember that a well-prepared Will not only safeguards one's assets but also provides peace of mind for the individual and their family members.

Regardless of the complexity of the estate or the nature of the assets involved, seeking guidance from a knowledgeable attorney specialized in estate planning is highly recommended. Such legal expertise can help navigate the intricacies of the legal requirements and tailor the Will to the specific needs and preferences of the individual.

By preparing a Will today, individuals can take proactive steps toward securing the future for their loved ones and ensuring that their final wishes are honored.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.