What the rule says
Oregon requires specific formalities for a valid will. Under Or. Rev. Stat. § 112.235, a valid Oregon will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence after witnessing the testator's signing or acknowledgment.
Holographic wills not recognized
Oregon does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents. A handwritten unwitnessed will is not valid in Oregon. Limited exceptions for members of the armed forces during active military service.
Self-proving affidavits
Under Or. Rev. Stat. § 113.055, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For an Oregon will execution:
- Have the testator and at least two competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents.
Who this affects most
Oregon's execution requirements are most consequential for anyone executing a will in Oregon and out-of-state residents who relocated with handwritten unwitnessed wills (not generally valid in Oregon).