Oregon Small Estate Affidavit

Oregon Estate Planning — Best Essential Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide covers Oregon estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Oregon law, verified as of June 2026.

Oregon Will Requirements at a Glance

Here are the exact rules for making a valid will in Oregon:

Minimum age to make a will 18 (exceptions: minors who are lawfully married or emancipated under ORS 419B.550–419B.558 may also make a will, per ORS 112.225)
Witnesses required 2 (each witness must be at least 18 years old, must see the testator sign or hear the testator acknowledge a prior signature, and must sign the will before the testator’s death within a reasonable time; witnesses need not sign in each other’s presence; an interested witness who is also a beneficiary does not invalidate the will, per ORS 112.235)
Notarization required NO — notarization is not required for a valid Oregon will. However, a notary is needed if the testator and witnesses choose to attach a self-proving affidavit, which speeds up probate by creating a rebuttable presumption that execution requirements were met
Handwritten (holographic) will allowed NO — Oregon does not recognize purely holographic (handwritten, unwitnessed) wills. A handwritten will must still be signed by two witnesses to be valid under ORS 112.235. However, under ORS 112.238 (the harmless error doctrine, amended effective January 1, 2026), a court may treat a defective writing as a valid will if the proponent proves by clear and convincing evidence that the decedent intended it to be their will. This requires a court petition and is not automatic
Self-proving affidavit available YES — Oregon allows a will to be made self-proving by attaching a notarized affidavit signed by both the testator and both witnesses before a notary public. The affidavit confirms their identities and that they knowingly signed the will. This creates a rebuttable presumption that the signature and witness requirements were satisfied, eliminating the need to locate witnesses during probate
Statutory will form NO — Oregon does not offer a statutory fill-in-the-blank will form in its statutes. The will must be drafted individually (by the testator, using a template, or with an attorney) as long as it meets ORS 112.235 execution requirements. Oregon courts generally do not provide probate forms statewide and many county courts refer individuals to attorneys or legal stationery resources

What a Oregon Will Does (and Doesn’t Do)

A valid Oregon will may name a personal representative (executor) to manage the estate through probate; name a guardian for minor children; direct how probate assets are distributed among beneficiaries; create a testamentary trust; make specific bequests of personal property, real property, or cash; and name alternate beneficiaries if a primary beneficiary predeceases the testator

What a Oregon will does NOT control: An Oregon will does not control assets that pass outside of probate, including: life insurance proceeds with a named beneficiary; retirement accounts (401(k), IRA) with a named beneficiary; payable-on-death (POD) or transfer-on-death (TOD) bank and brokerage accounts; property held in joint tenancy with right of survivorship; assets held in a living trust;

and any property with a valid beneficiary designation that overrides the will

Oral wills in Oregon: NO — Oregon does not recognize oral (nuncupative) wills. ORS 112.235 requires a will to be in writing. Spoken instructions, regardless of the circumstances, are not enforceable by Oregon courts

How to Update or Revoke a Oregon Will

An Oregon will may be amended by executing a codicil (a written amendment) with the same formalities required for a will under ORS 112.235 — signed by the testator and two witnesses.

A will may be revoked by executing a new will that expressly revokes the prior one, or by physical act (burning, tearing, canceling, obliterating, or destroying the will) with intent to revoke, performed by the testator or by another person at the testator’s direction and in the testator’s presence (if done by another person, it must be proved by at least two witnesses).

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Partial revocation by physical act (e.g., crossing out one provision) is not valid under ORS 112.285. Divorce or annulment automatically revokes all provisions in favor of the former spouse under ORS 112.315

Other Oregon will-making rules: Oregon enacted a harmless error doctrine (ORS 112.238, amended effective January 1, 2026) that allows a court to validate a writing not executed in compliance with ORS 112.235 if the proponent proves by clear and convincing evidence that the decedent intended it to be their will — this requires a court petition with notice to interested parties and is a safety net,

not a substitute for proper execution.

Oregon does not recognize electronic wills or video wills — ORS 112.235 explicitly excludes electronic records from the definition of “writing.” Marriage may trigger revocation of a prior will under ORS 112.305. Oregon follows the Uniform Probate Code approach on interested witnesses — a beneficiary who serves as a witness does not lose their bequest, unlike states that void the interested witness’s share

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Understanding Oregon Estate Planning

Getting started with Oregon estate planning is the single best gift you can give your family. A valid Oregon will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into Oregon estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Oregon estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official Oregon Sources & Resources

This Oregon will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Oregon Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.