The general process of creating a Will is similar no matter your location, but there are some regulatory complexities and nuances to be aware of. Thanks to technology, the process is becoming easier and more accessible. If you plan to make an online Will in Oregon, make sure to satisfy the specific requirements set forth by state law in order for your Will to be valid. By doing so, you’ll have peace of mind knowing that your loved ones are protected, and that important matters won’t be left up to chance. This guide provides an overview of what you need to know about making a Will online in the Beaver State.
What You Need to Know About Making a Will Online in Oregon
The process of creating a valid Will in Oregon is set forth by state statutes. The laws regarding the execution of a Will can be found in the Oregon Revised Statutes (ORS) Probate Title 12 Probate Law Chapter 112 Intestate Succession and Will § 112.235 - Execution of a Will.
An online Will can be valid in Oregon so long as the above legal requirements are satisfied. Trust & Will breaks down these legal requirements over the next several sections by answering some frequently asked questions on the topic.
How Much Does a Will Cost in Oregon?
A simple or basic Will in Oregon can cost anywhere from $300 to $1,000. These are estimates that vary depending on three key factors: the method of execution, complexity of the estate, and attorney fees (should you choose to work with one.)
For instance, an individual with a particularly robust or complex estate plan with many special provisions may hire one of the most experienced estate planning attorneys in the state. This person’s estate planning costs will likely be in the higher range. The cost may even rise to several thousand dollars if they plan to establish a Trust.
However, many people have a relatively simple estate with straightforward objectives. Trust & Will’s online estate planning platform provides an affordable alternative that won’t break your bank. You can create your state-specific online Will through our platform at a fraction of the cost.
Are Online Wills Legal in Oregon?
Yes, online Wills are legal in Oregon, so long as you satisfy the legal requirements of executing a valid Will:
You must be at least 18 years of age or a legally emancipated or legally married minor
You must be of sound mind and have testamentary capacity
You must sign the Will in front of two witnesses
Your witnesses must sign the Will in your presence
The Will must be in writing
Trust & Will is a comprehensive estate planning platform that will guide you through easy prompts and steps to create a legally valid Oregon Will. The Beaver State does not recognize digital-only Wills at this time, although this could change in the future. After you create your Will online, Trust & Will will ship your completed estate planning portfolio to you for your convenience.
Keep reading to find out more about the requirements for online Wills in Oregon.
What Types of Wills Are Valid in Oregon?
Here are the types of Wills that are valid in Oregon:
Last Will: A legal document that states how you wish to distribute property after your death.
Testamentary Trust Will: Established after your death, a Testamentary Trust in your Will outlines a portion or all assets to be contained in the Trust.
Pour-over Will: A type of Will that includes a provision to “pour over” any unallocated or unspecified assets into a Trust.
Simple Will: Another name for a Last Will and Testament.
Joint Will: A document executed jointly by two or more people, such as by a married couple.
Deathbed Will: A Will made last-minute, such as an oral or nuncupative Will. (Can literally be made from one’s deathbed.)
Online Will: Not to be confused with an electronic Will that remains in an electronic or digital format and is never reduced to paper. Online Wills are created online but are eventually printed on paper for execution.
Holographic Will: A Will that is handwritten, dated, and signed by the Testator (not valid in all states.)
Nuncupative Will: Last wishes given orally, usually by a sick or injured individual who only has a short time to live. (Not valid in all states.)
Is It Legal to Write Your Own Will in Oregon?
Yes, it is legal to write your own Will in Oregon. However, writing your Will on your own may leave you vulnerable to errors and pitfalls that could render your wishes legally unenforceable.
Instead, we highly recommend obtaining professional estate planning support. Some individuals choose not to work with an attorney for specific reasons, such as wanting to keep their private information to themselves, or finding attorney fees cost-prohibitive.
Whatever the reason may be, an alternative solution to consider is creating a Will using a trustworthy platform. For example, Trust & Will’s estate planning platform offers state-specific estate plans so you can have peace of mind knowing that your Will is compliant in Oregon and will achieve your desired outcomes. We also offer bank-level security to protect your private information.
What Constitutes a Valid Will in Oregon?
Satisfying the following legal requirements constitutes a valid Will in Oregon:
The Will must be in writing (handwritten or typed)
The Testator (the person writing the Will) must be at least 18 years old and be of sound mind. (Exception: a legally emancipated or legally married minor.)
The Testator must sign the Will in front of two witnesses.
After they see the Testator sign the Will, the witnesses must also sign the Will.
The Will must be printed on paper.
While several states allow electronic Wills, Oregon does not currently recognize digital-only Wills. However, Beaver State residents can still take advantage of technology. For instance, you can create your Will online through Trust & Will’s estate planning platform. Once the process is complete, your estate planning portfolio will be mailed to you so that you can complete the steps of signing and executing your documents at your convenience.
How Do I Sign an Online Will in Oregon?
Here are the steps to follow for signing and finalizing your online Will in Oregon:
Print out your Will.
Sign your Will before two witnesses.
Your witnesses sign your Will in your presence shortly thereafter.
(Optional): Sign sworn statements before a notary public to make it self-proving. Attach the notarized affidavits to your Will.
Do I Need a Lawyer to File a Will in Oregon?
No, you do not need a lawyer to file a Will in Oregon. Generally speaking, Beaver State laws do not require you to hire a lawyer to create or execute a valid Will. However, you may want to consult an estate planning professional for advice if you have a large estate or special conditions that you wish to meet.
Does Oregon Require a Notarized Will?
No, Oregon does not require Wills to be notarized in order for them to be legally valid. However, it is an optional but encouraged step to make your Will self-proving.
To do so, you and your witnesses must go to a notary public. After confirming your identities, you will make sworn statements and sign an affidavit. The affidavit is notarized and attached to the Will. This essentially proves that the notary knows who you are and confirms that each person was aware that they were signing the Will.
If your Will is presented to the probate court, then they must validate it. If the Will is already self-proved, then the court won’t have to call upon the witnesses to testify regarding the Will’s validity. This can help minimize potential issues and allow the probate process to proceed more quickly.
Does a Will Need to be Witnessed in Oregon?
Yes, a Will needs to be witnessed by two competent adults in Oregon.
While anyone who fits the above description can witness a Will, you should be careful not to choose an interested party as your witness (a Beneficiary etc.)
While using an interested witness won’t automatically invalidate your Will, this could create a conflict of interest. It can also void their inheritance. It is generally advised to select a disinterested party to witness your Will to avoid any challenges.
How to Create Oregon Last Will and Testament Online
The Beaver State does not currently recognize digital-only Wills, although this could change in the future. In the meantime, you can still take advantage of technology by creating your Last Will and Testament online, so long as you print it out for signing and filing. This is a convenient, effective, and affordable alternative to writing your own Will or hiring an attorney to draft one for you.
With this in mind, here is an overview of the steps of creating an online Will in Oregon:
Select a trusted online estate planning platform, service, or template.
Draft your Will
Review and finalize your Will
Print out your Will
Sign the Will
Obtain signatures from two competent witnesses
Optional: get your Will notarized if you want it to be self-proving
Upload the Will to a secure storage space online, such as a digital vault
Store the hard copy in a secure physical space, such as a safe
Review and revise your Will regularly
By following these steps, you can create an online Will that will be recognized as legally valid in Oregon.
What Can I Include in an Online Will in Oregon?
The contents of a Last Will and Testament vary widely based on an individual’s personal circumstances, as well as the objectives they wish to achieve. Trust & Will will guide you through a series of questions and prompts to help you create your Will.
Here are some ideas on what can be included in your online Will:
An inventory of your property and assets
A list of your Beneficiaries
Gifts made to specific individuals or organizations
Your nominated Executor who should handle your estate
A Guardian for any minor or dependent children (or pets)
A named individual to manage property for dependent children
Last wishes regarding your remains, funeral, burial, cremation, etc.
Any final instructions or notes for loved ones
Create Your Online Will in Oregon Today
Can you create an online Will in Oregon? Absolutely! While electronic Wills may not be recognized yet, residents of the Beaver State can still take advantage of the convenience technology has to offer by creating their Wills online. It’s a convenient and affordable alternative to working with an attorney, no matter your location. The key to successfully creating an online Will in Oregon is making sure that you satisfy state-specific requirements. Luckily, working with a platform like Trust & Will that offers state-specific Wills will give you peace of mind knowing that your Will is legally compliant and valid in your state. To find out more about what it’s like to create an affordable, convenient online Will in Oregon through Trust & Will today.
This guide provided an overview of the online Will requirements in the Beaver State that you should be aware of.
At Trust & Will, we’re here to help keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home in just 20 minutes. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.