State requirements
Making a will in Oregon
Oregon lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Oregon requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Oregon?
Oregon requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Oregon document; neither action alone establishes validity. 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?
Oregon sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Oregon source above and get local help for your circumstances. Note: Oregon has state estate tax with $1 million exemption.
Keep reading
All guides →Your Oregon wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Oregon law, not legal advice. Statutes change — verify current requirements or consult a licensed Oregon attorney for complex situations.