State requirements
Making a will in Oregon
Oregon requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Oregon has traditional will requirements. Oregon does NOT recognize holographic wills. Oregon is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | ORS 112.225 | 18+ and of sound mind |
| Execution Requirements | ORS 112.235 | Written, signed, 2 witnesses |
| Self-Proving | ORS 112.245 | Available with affidavit |
| Elective Share | ORS 114.105 | 25% of net estate |
Execution Requirements
OREGON WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at direction)
✓ Signed by 2 or more individuals who witnessed signing
✓ Witnesses sign within reasonable time
⚠️ NO holographic wills recognized
Elective Share
OREGON ELECTIVE SHARE:
- 25% of net estate
- Must elect within specified time period
- Spouse may also claim homestead rights
Oregon Estate Tax
OREGON ESTATE TAX:
- Oregon has state estate tax
- $1 million exemption (low threshold)
- Rates from 10% to 16%
Checklist for Oregon Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
Oregon will questions, answered
Can I make a will online in Oregon?
Yes. Oregon does not require a lawyer to draft a will. A will created online is valid in Oregon when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Oregon?
Oregon requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Oregon require a will to be notarized?
No. Witnesses make a will valid in Oregon, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Oregon?
No. Oregon does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Oregon?
A valid Oregon will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Oregon has state estate tax with $1 million exemption.
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Start my will — $29This page is general information about Oregon law, not legal advice. Statutes change — verify current requirements or consult a licensed Oregon attorney for complex situations.