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Steps to Create a Will in Oregon Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses. Store your will safely.
Probate is the legal process following a death that determines the distribution of one's estate for assets that are held in that person's name. Even if there is a will in place, the estate still must go through probate, but it can make the process simpler.
In Oregon, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
It is possible to avoid probate in Oregon, but you must be careful to plan ahead. The best method is by putting the estate in a revocable living trust. The person named as beneficiary would automatically receive everything in the trust when the owner passes away.
Oregon does not provide for a statutory will or specific language you have to use in your will for it to be legal. If you know your wishes, you can create a will on your own or work with an estate planning attorney.
Although Oregon does not require a will to be notarized, the state allows you to make your will ?self-proving,? which does require a notary. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
In Oregon, real estate can be transferred via a TOD deed, also known as a beneficiary deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
If the grantor dies with assets outside of the trust, those assets may be subject to probate, which can be time-consuming and expensive. A pour-over will helps avoid this situation by directing any assets that are not already in the trust to be transferred into the trust after the grantor's death.