Oregon Last Will and Testament

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

In Oregon, the will must be proven and delivered to the appropriate probate court. The personal representative named in the will may then proceed with administration of the estate, which includes taking inventory of assets, paying debts, and distributing property.

Oregon also offers a simplified probate process for estates that are valued at less than $275,000 (personal property of no more than $75,000 and real property of no more than $200,000).

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Oregon, in the absence of a will, a surviving spouse inherits the entire estate even if the couple shares descendants. The spouse’s share drops to half, however, if the decedent also has descendants not shared with the surviving spouse.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions include the following:

• Property owned in joint tenancy with right of survivorship
• Life insurance policy and retirement account proceeds
• Assets held in a revocable living trust

Form a last will in Oregon

The basic requirements for an Oregon last will and testament include the following:

• Age: The testator must be at least 18 years old or have been lawfully married.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: An Oregon will must be signed by at least two individuals who saw the testator sign the will or heard him acknowledge the signature.
• Writing: An Oregon will must be in writing.
• Beneficiaries: A testator can leave property to anyone.