Wills
Oregon Last Will and Testament
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Oregon Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

It may seem morbid or preemptive to talk about wills and divide your estate even if you're well. Many people and families avoid these conversations and leave the task until the next day. However, doing this can sometimes lead to several difficulties for the family. Life is uncertain, and it's better to prepare even for the worst-case scenarios. Your will would help you communicate what would happen to your property and your children if something goes wrong. You could take time and choose the best person who would be your kid's guardian and executor for your will. Furthermore, your last will would help you provide for your family after you're gone. 

Therefore, stop avoiding this task until the next day and create your Oregon last will and testament now.

Table of contents

1. Requirements for an Oregon Last Will and Testament  

2. Who can be your witnesses?

3. Oregon rules for a personal representative

4. Oregon Last Will and Testament Notarization

5. Last Will Revocation rules

6. Last Will Amendment rules

7. Oregon rules for divorce or marriage after making your last will

8. What happens if you don't have a will in Oregon?

9. How can TrulyWill help with your online will?

Requirements for an Oregon Last Will and Testament

Every state in the U.S. has varying conditions to make a legal last will and testament. You need to follow the guidelines to ensure that your will upholds in court and doesn't lead to any issues for your family. Here are the conditions you need to follow for your Oregon last will and testament:

  • Written will: An Oregon last will and testament should be written on paper. It shouldn't be audio, video, or other digital file forms. 
  • Must be at least 18 or above. The testator can also be an emancipated minor or married.
  • Sound mind and memory: The testator should understand the process, nature of their property, and relationships with the beneficiaries. 
  • Signed by the testator: To make your will legal, you must sign your Oregon last will and testament at the end before your two witnesses. 
  • Witnesses: You need two witnesses for your Oregon last will and testament. They should sign it after a reasonable time before you die.

Who can be the witnesses for an Oregon Last Will and Testament? 

You need at least two witnesses for your Oregon will that follow these conditions:

  1. They should be at least 18 years of age.
  2. Your witnesses can be beneficiaries of the will. However, it's always better to choose disinterested witnesses to prevent Oregon will from being challenged in the future.

Oregon rules for a personal representative or an executor 

You should select a trusted executor for the Oregon last will. However, they must fulfill these conditions to be eligible for the role:

  1. Must be at least 18 or above
  2. They should be capable of performing the job, i.e., of a sound mind.
  3. You can name a felon as your executor. However, they must inform the court about their conviction. 

Oregon Last Will and Testament Notarization. 

To make it legal, you don't need to notarize your Oregon last will. However, you should consider adding a self-proving affidavit to speed up the probate.

Here's how you can do that:

  • Find a notary public to make a legal self-proving affidavit.
  • You and your two witnesses should go to the notary and sign the self-proving affidavit, stating who you are and that you knew you were signing a will.
Last Will and Testament Oregon

Last Will Revocation in Oregon 

You could follow any of these steps to revoke your Oregon last will and testament:

  • Destroying the last will by tearing, burning, and shredding.
  • Asking somebody else to destroy the last will in front of you and two witnesses 
  • Making a new legal will

You need to follow the same guidelines for issuing a new will or document revoking the previous will as you did for making a legal last will.

Last Will Amendment rules Oregon.

If you need to make some simple changes to your Oregon last will, you could do it with a Codicil. It allows you to change your will and avoid revoking it.

However, you must follow the same conditions to make a legal codicil for signing as for a new will. If you have to make multiple amendments, it's better to create a new last will and revoke the previous one.

Oregon rules for divorce or marriage after making your last will

If you marry after you made your Oregon last will and testament, your will would be revoked unless:

  • You've entered a prenuptial agreement that states your spouse doesn't have a right to your estate, or it already provides for them.
  • You already had a registered domestic partnership while making the will and later married the person. 
  • You mention that you considered your marriage while creating the last will or that your will shouldn't be affected by any future marriage; your wishes would be followed. 

If you divorce after making your last will:

  • The Oregon law revokes any property or estate part you left to your spouse 
  • Revokes any language that names your spouse to be the executor 
  • However, if the will states that divorce shouldn't affect your will's provisions, the state would follow your entire last will.

What happens if you don't have a will in Oregon?

Case

What happens 

Has children, no spouse 

Children inherit the estate 

Has a spouse, no children

The spouse inherits the estate 

Has a spouse, and children (Children you share with that spouse)

The spouse inherits everything 

Has a spouse, and children; the surviving spouse isn't the parent of the deceased's children 

The spouse gets one-half and the children inherit the other half of the estate 

Has parents, no spouse, no children 

The parents inherit everything 

Has siblings, no parents, no spouse, no children 

The siblings inherit the estate 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
Is it an expensive procedure to make a will?
Traditional will-making processes can be pretty expensive. However, with online tools and platforms, you can do it in an affordable way.
Can I leave or donate my estate to an organization or charity?
You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Should I update my will?
You should regularly check and update your last will after certain life events. It can be a new marriage, a child, or a divorce. Either way, keep updating your will after some time.
Do I need to notarize my will?
Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
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