Creating a will is one of the most important steps you can take to ensure your wishes are carried out after your death. While many people assume they need a lawyer to draft a will, Oregon law allows individuals to make their own valid wills — and for many, a do-it-yourself (DIY) will is a simple and affordable option. Here’s what you need to know to make your own will in Oregon.
What Is a Will?
A will is a legal document that outlines how your property should be distributed after your death. It can also name guardians for your minor children and appoint someone to manage your estate (called a “personal representative” in Oregon).
Legal Requirements for a Valid Will in Oregon
To be legally valid in Oregon, your will must meet the following requirements:
- Age and Capacity:
You must be at least 18 years old and of sound mind, meaning you understand the nature of making a will and the extent of your assets.
- Written Document:
The will must be in writing. Oregon does not recognize oral wills.
- Signed by the Testator:
You (the person making the will) must sign the will, or direct someone else to sign it in your presence if you are physically unable.
- Witnesses:
Oregon requires the will to be signed by two competent witnesses, who must watch you sign the will (or acknowledge your signature) and then sign it themselves. The witnesses should not be people who will inherit anything under the will to avoid any conflicts of interest.
Optional but Helpful: A Self-Proving Affidavit
Oregon allows wills to include a self-proving affidavit — a notarized statement signed by you and your witnesses. This affidavit helps avoid delays during probate, as it eliminates the need to track down witnesses to verify the will’s authenticity later.
What to Include in Your Will
Your Oregon will should include the following elements:
- Your full name and residence
- A statement revoking any previous wills
- Names of beneficiaries and what they should receive
- Appointment of a personal representative (executor)
- Appointment of guardians for minor children, if applicable
- Your signature and the date
- Witness signatures
Can You Handwrite Your Will in Oregon?
Yes. A handwritten (also called “holographic”) will can be valid in Oregon — but only if it meets all the standard requirements, including being properly witnessed. Oregon does not recognize unwitnessed handwritten wills, even if they are in your own handwriting.
Storing Your Will
Once you’ve made your will, store it in a safe, accessible place, and tell your personal representative where to find it. You might also file it with the probate court for safekeeping (though this is not required).
When You Should Update Your Will
Review and update your will if you experience a major life change, such as:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named beneficiary or personal representative
- Significant changes in your assets
When You Should Use an Attorney
While DIY wills are legal in Oregon, consider consulting a lawyer if:
- You have a large or complex estate
- You want to set up a trust
- You anticipate disputes among heirs
- You own property in multiple states
Final Thoughts
Making your own will in Oregon is not only legal but can be a smart and empowering way to plan for the future. By following the state’s rules and clearly outlining your wishes, you can provide peace of mind for yourself and your loved ones. If your needs are relatively simple, a DIY will may be all you need — j
