Make a Oregon Last Will and Testament

Oregon State Last Will and Testament Laws

Laws - Chapter 112 (Intestate Succession and Wills)

Witnesses - According to ORS 112.235, the Will must be signed by two (2) witnesses who both see the Testator sign the will.

A Sample Oregon Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you aren’t single, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Enter your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Then, enter the names of pets. Finally, provide information about any life insurance policies.

Step 6 - Provide the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. List what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor otherwise the probate court will appoint one for you. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. If your assets are in a trust, provide the following information for a Trustee as well as an alternate Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children you should consider appointing a guardian and an alternate guardian to care for them if you die. To do so, include the following:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that you must sign the will along with your two witnesses in order to execute the document.

Why do you need an Oregon last will and testament form?

In the State of Oregon, creating a legal last will and testament is an important part of the estate planning process. A will is a legal document in which you can outline any wishes you have for the disbursement of your assets, the guardianship of any minors, or make charitable donations upon your death. Assets can include real property, digital property, real estate, vehicles, bank accounts, jewelry, or any other personal effects. Assets can be distributed to anyone.

The benefits of having a will

Having a last will and testament is not legally required in Oregon. However, there are many advantages to having one.

• Having a legal will allows you to name an executor who will be responsible for carrying out any wishes you have outlined in your will.
• In addition to outlining the wishes you may have for your assets, you can also outline guardianship arrangements, including pet trusts.
• You can also make charitable donations.
• A simplified probate process is also available for estates that are worth less than $275,000.

The costs of not having a will

With no will in place in the State of Oregon, intestacy laws will be enacted. This means that the Oregon probate courts will determine what happens to your estate and it may not be in line with your wishes. Upon death, a surviving spouse will automatically inherit the entire estate of the deceased. If there are children from a relationship apart from the current spouse, the spouse will inherit half of the estate while the other children will inherit the other half. If there is no surviving spouse or children, the next closest relative will be determined by the courts to inherit the estate. If no relative is located, the State of Oregon becomes the beneficiary and absorbs the estate.