Does a will need to be notarized in Oregon?

No, in Oregon, you do not need to notarize your will to make it legal. However, Oregon allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

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Oregon Last Will and Testament for Married Person with Minor Children

Oregon Last Will and Testament for Married Person with Minor Children

Category:

Wills - For People with Children

State:

Oregon

Control #:

OR-WIL-01524

Format:

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About this form

This Last Will and Testament for a Married Person with Minor Children is a legal document that outlines how your property and assets will be distributed upon your death. It includes provisions for appointing a personal representative, as well as designating guardians and trustees for minor children. This form differs from other wills as it specifically addresses the needs of married individuals with children, ensuring that both the spouse and children are provided for in the event of death.

Key components of this form

Appointment of a personal representative or executor.
Specification of property distribution among beneficiaries.
Provisions for a trust for minor children, including the appointment of a trustee.
Appointment of a guardian for minor children.
Instructions regarding debts and expenses to be paid from the estate.
Common disaster clause to address simultaneous death scenarios.

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When to use this form

You should use this Last Will and Testament when you are a married individual with minor children and wish to clearly dictate how your assets will be managed and distributed after your passing. This form is essential if you want to ensure that your spouse and children are taken care of according to your wishes, especially in the case that both parents pass away simultaneously or before the children reach adulthood.

Intended users of this form

Married individuals with minor children.
Those looking to establish clear directives for the distribution of their estate.
Parents wanting to name guardians and trustees for their minor children.
Individuals seeking to ensure that their spouse is provided for after their death.

How to complete this form

Enter your name and county of residence.
Specify the name of your spouse and list your children, including their dates of birth.
Detail specific property you wish to bequeath to particular individuals.
Choose a personal representative and, if desired, a successor representative.
Sign the will in the presence of two non-related witnesses and a notary public, if required.

Notarization guidance

Yes, this form must be notarized to be legally valid. It is essential to have your will signed in the presence of two witnesses who are not named in the document. Using US Legal Forms' integrated online notarization service ensures a smooth and secure process, allowing you to complete video calls with a notary public, anytime and anywhere.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

Not naming a personal representative or guardian for minor children.
Failing to have the will signed in front of the required number of witnesses.
Not updating the will after significant life events, such as divorce or the birth of additional children.
Leaving out critical details regarding specific property or assets.

Benefits of using this form online

Convenient access to editable and downloadable templates for any device.
Reliable legal forms drafted by licensed attorneys, ensuring compliance.
Time-saving compared to meeting with an attorney for standard documents.
Enhanced privacy and security when preparing your will from the comfort of home.

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Form popularity

FAQ

Decide Who Will Administer Your Estate. Someone needs to wrap up your affairs after you pass away. Decide How You Want to Distribute Your Assets. Choose One or More Guardians. Write and Sign Your Will.

In Oregon, you must be at least 18 years old and of sound mind to make a will. If you are married or emancipated, you can make a will before you turn 18. Your will must be in writing and must be signed by you and two witnesses.It is important to make sure that all of Oregon's legal formalities are carefully observed.

GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.

According to a market survey conducted in 2016 by Southwest Portland Law Group, LLC, the average cost of a Last Will and Testament, prepared by an attorney in Oregon, is between $350 and $1,500.

No, in Oregon, you do not need to notarize your will to make it legal. However, Oregon allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction. Witnesses: An Oregon will must be signed by at least two individuals who saw the testator sign the will or heard him acknowledge the signature. Writing: An Oregon will must be in writing.

The short answer is no. Wills that are handwritten and not witnessed are not recognized as valid in Oregon. A handwritten will that is witnessed by two individuals will be considered valid.

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Last Will and Testament for Married Person with Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Oregon, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225

Local law of state selected by testator controlling unless against public policy: The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. 112.230

Execution of a will: A will shall be in writing and shall be executed with the following formalities:
(1) The testator, in the presence of each of the witnesses, shall:
(a) Sign the will; or
(b) Direct one of the witnesses or some other person to sign thereon the name of the testator; or
(c) Acknowledge the signature previously made on the will by the testator or at the testator's direction.
(2) Any person who signs the name of the testator as provided in subsection (1)(b) of this section shall sign the signer's own name on the will and write on the will that the signer signed the name of the testator at the direction of the testator.
(3) At least two witnesses shall each:
(a) See the testator sign the will; or
(b) Hear the testator acknowledge the signature on the will; and
(c) Attest the will by signing the witness' name to it.
(4) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section. 112.235

Witness as beneficiary: A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. 112.245

Validity of execution of a will:
(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:
(a) This state at the time of execution or at the time of death of the testator; or
(b) The domicile of the testator at the time of execution or at the time of the testator's death; or
(c) The place of execution at the time of execution.
(2) A will is lawfully executed if it complies with the Uniform International Wills Act. 112.255

Testamentary additions to trusts:
(1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if:
(a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons;
(b) The trust is identified in the testator's will; and
(c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will, or in the valid last will of a person who has predeceased the testator.
(2) The trust may be funded during the testator's lifetime or upon the testator's death by the testator's devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts.
(3) The devise shall not be invalid because the trust:
(a) Is amendable or revocable, or both; or
(b) Was amended after the execution of the testator's will or after the death of the testator.
(4) Unless the testator's will provides otherwise, the property so devised:
(a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made before or after the execution of the testator's will.
(5) Unless the testator's will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse.
(6) This section shall not be construed as providing an exclusive method for making devises to the trustee or trustees of a trust established otherwise than by the will of the testator making the devise.
(7) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact the same or similar provisions. [1969 c.591 s.40; 1999 c.132 s.1] 112.265

Procedure to establish contract to make will or devise or not to revoke will or devise:
(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by:
(a) Provisions of a will stating material provisions of the contract;
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) A writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 112.270

In terrorem clauses valid and enforceable; exceptions:
(1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest.
(2) The court shall not enforce an in terrorem clause if the devisee contesting the will establishes that the devisee has probable cause to believe that the will is a forgery or that the will has been revoked.
(3) The court shall not enforce an in terrorem clause if the contest is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor, or a guardian ad litem appointed for an incapacitated or financially incapable person.
(4) For the purposes of this section, in terrorem clause means a provision in a will that reduces or eliminates a devise to a devisee if the devisee contests the will. 112.272

Express revocation or alteration:
(1) A will may be revoked or altered by another will.
(2) A will may be revoked by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction by a person other than the testator at the direction and in the presence of the testator shall be proved by at least two witnesses. 112.285

Revocation by marriage: A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:
(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage; or
(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator. 112.305

Revocation by divorce or annulment: Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision therein naming the former spouse as executor, and the effect of the will is the same as though the former spouse did not survive the testator. 112.315

Last Will and Testament for Married Person with Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Oregon, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who may make a will: Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. 112.225

Oregon Last Will and Testament for Married Person with Minor Children

This form is part of a form package!

About this form

Key components of this form

Related forms

When to use this form

Intended users of this form

How to complete this form

Notarization guidance

Get your form ready online

Avoid these common issues

Benefits of using this form online

Looking for another form?

Viewed forms

Form popularity

FAQ

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