An Oregon last will and testament is a written legal document that lets a testator say how their property is distributed after death and name an executor to carry it out. Oregon law sets specific rules for who can make a will, how it must be signed, and how many witnesses it needs, covered in the sections below.
Even if you do not have many assets, a will can prevent disputes among your family and make sure your property and belongings go where you want them to.
Use the free Oregon last will and testament template on this page to build your will, then follow the step-by-step guide below and check the FAQ for answers to common questions.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Oregon law. If you notice an error or outdated information, please contact us.
Under the Oregon Revised Statutes, a valid Oregon last will and testament template must be in writing, signed by the testator, and signed by at least two witnesses.[1.3] The table below breaks down the core requirements and where each one appears in Oregon law.
| Requirements | State laws | |
| Statutes | Chapter 112 – Intestate Succession and Wills | |
| Signing requirement | Two witnesses | 112.235 Execution of a will |
| Age of testator | 18 or a lawfully married minor or an emancipated minor | 112.225 Who may make a will |
| Age of witnesses | 18 or older | 112.235 Execution of a will |
| Depositing a will | Possible with an Oregon circuit court | |
The main distinction between the two documents is that as soon as you die, the representative you designate via power of attorney loses their legal authority to deal with any matters in your place.
There are two primary ones among the power of attorney varieties:
An executor is a person you establish in the will to deal with your affairs once you depart this life. It is possible to appoint one individual to act as an attorney-in-fact and a will executor.
The testator must meet testamentary capacity prerequisites in order to make and change their last will, including being of sound mind.
There are usually two requirements to meet: age and soundness of mind. In the majority of states, you have to be over 18 years old in order to create a last will. Being of sound mind indicates that you are conscious of your estate as well as the heirs of your assets and have a full understanding of the aftereffects of your doings.
Oregon's signing formalities do not call for a self-proving affidavit.[1.3] Nonetheless, it will serve you well to include this document. In practice, the court then has the witnesses' sworn statements on file.
In Oregon, there’s no such concept as community or marital property. That means all the possessions gained or improved during the marriage do not have to be evenly distributed between each of the spouses. Taking the above-mentioned fact into account, one might assume that it is somewhat easier to divorce with such a marriage system.
In practice, a surviving spouse can usually claim a share of the estate regardless of what the will says.
Regarding other members of your family, you can legally disinherit anyone else. Your adult children or any other relatives can be legally disinherited totally in your will. For doing that, include specific paragraphs to your last will and testament.
Only the testator can change his or her will. There is one particular situation when another person is allowed to intervene. When you are physically incapable of signing your will, a third party is permitted to do it instead of you but only with you present.
Yes, it can be done.
A testator is allowed to change, revoke, or repeal their will at any time, and once revoked, the earlier will has no legal effect. The sole situation that will prevent you from doing it is if such action is prohibited under the contract you signed.
It can be a good idea to review your last will when a serious event takes place in your life. Those include but are not limited to:
Oregon law says that a will can be accepted in case it is lost or damaged. However, just the initial version of the last will may be recognized by the probate court.
In practice, a will that cannot be found after death is often treated as revoked, so keep the original safe. This puts the responsibility on the advocate of the will to give evidence of the said will.
For holographic wills, the situation may become a lot more troublesome as sworn witnesses and testimony will be demanded. The reason behind not producing the last will and its elements has to be confirmed too.
In line with the Oregon Estate Code, it will be possible for a person to sign his or her last will providing it is your (as a testator) directive and in your presence. The testator can communicate their last wishes verbally, by giving a positive answer to an inquiry, or with a gesture.
It is possible to have a notary sign the name of a testator who is physically unable to do it in case the testator guides the notary public in the presence of a witness. It is worth noting that such witnesses can’t have an interest (equitable or legal) in any properties and assets being the subject or that might be influenced by this type of a document (the last will and testament).
| Related documents | When to make one |
| Codicil | You want to make a single or several slight adjustments to your will. |
| Self-proving affidavit | You want to facilitate the probate in the future. |
| Living will | You want to state your wishes regarding the end-of-life medical care and life-prolonging procedures. |
| Living trust | You need more confidentiality and protection once the time to distribute your possessions comes. |
This page is general information about Oregon last wills, not legal advice. For advice on your situation, talk to an Oregon attorney.
