Oregon Last Will and Testament Template

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An Oregon Last Will and Testament is a legal estate-planning document that provides written instructions for proper distribution of the testator’s (person to whom the will belongs) estate among their family, friends, children, spouses, and even charitable organizations upon the testator’s death. The creation of a will document ensures peace of mind for the testator that their personal, real, fiduciary, and even digital property will be appropriately transferred per the testator’s wishes and not through the decisions of probate proceedings. Under Oregon law, will documents must be signed in the presence of two (2) witnesses. A testator can also have the will acknowledged by a state-authorized notary public for an extra layer of legal protection. The testator may change or revoke the document at their discretion at any time.

Table of Contents

Laws

Definition – (ORS 111.005(31)) – “Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will.

Signing Requirements (ORS 112.235) – Must be signed by two (2) Witnesses who shall acknowledge the Testator sign the will.

Statutes – Chapter 112  (Intestate Succession and Wills)

(Video) How to Make a Will in Oregon

How to Write

Step 1 – Establish a Testator by simply placing their name on the first field at the top of the form, then enter:

  • Name of Testator
  • City
  • County
  • Testator must review the remainder of the information in the paragraph
  • Review “Expenses and Taxes”

Step 2 – Testator Appointment of Executor –

  • Enter the name of the selected executor
  • City
  • County
  • State of residence

Alternate Exectutor – In the event the initial representative becomes ill, unable or unwilling to serve as the initial chosen representative to the estate for whatever reason, an alternative executor should be selected and named

  • Name of the alternate executor
  • City of residence
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

Beneficiary Information:

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • List the property being bequeathed to each beneficiary

The Testator must review the information pertaining to how their property is distributed in the event any of the beneficiaries might predecease the testator.

Step 4 – Testator must carefully review the following sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures – All signatories must be present together to sign this document. Enter the following:

  • The testator’s name
  • The date of testator’s signature – dd/mm/yyyy
  • Testator Signature
  • Testator printed name

Witnesses – The witnesses must review the brief statement and provide the following –

  • The date the document – dd/mm/yyyy
  • The name of the testator

Witness 1 – 

  • Signature
  • Address

Witness 2 –

  • Signature
  • Address

Step 6 – Testament Affidavit – All parties must review then enter the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • AND
  • Name of Witness 2
  • AND ENTER
  • Testator’s Signature
  • Witness 1 Signature
  • AND
  • Witness 2 Signature

Step 7 (Optional) – Notarization – Once the notary public has witnessed all signatures they shall be required to complete the remainder of the document and authenticate it by affixing the state seal.

Related Forms

 

Advance Directive

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Durable (Financial) Power of Attorney

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