Free Oregon Last Will and Testament
Build a complete Oregon will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Oregon's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Oregon will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Oregon notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Oregon: Oregon requires a written will (no electronic record/image), signed by the testator (or signed at the testator's direction, or with the testator acknowledging a prior signature) in the presence of at least two witnesses, each of whom sees the signing or hears the acknowledgment and then signs the will as a witness within a reasonable time before the testator's death (ORS 112.235). Oregon does not recognize unwitnessed holographic wills. Notarization is not required for validity, but attaching a sworn attesting-witness affidavit at execution makes the will self-proving so the witnesses need not testify at probate (ORS 113.055; ORS 112.235(2)).
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Oregon, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Oregon law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Oregon.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Oregon.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (ORS 113.055; ORS 112.235(2)) — sign this part before a notary to make probate easier:
Oregon does not prescribe a single rigid verbatim affidavit form. Under ORS 113.055 (and ORS 112.235(2)), an attesting witness's affidavit executed contemporaneously with the will and attached to the will makes the will self-proving in an ex parte proof-of-will hearing. The affidavit, sworn before a notary, should state that the witness observed the testator sign or acknowledge the will, that the testator appeared to be 18+ and of sound mind and under no constraint or undue influence, and that the witness signed the will as an attesting witness in the testator's presence. Template language used in Oregon practice:
"STATE OF OREGON, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned officer that the testator signed and executed the instrument as the testator's last will, that the testator signed willingly and executed it as a free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of each witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.
[Testator signature] / [Witness signatures] / Subscribed and sworn before me this ___ day of ____, ____. [Notary signature & seal]"
How to Sign Your Will in Oregon
Oregon requires a written will (no electronic record/image), signed by the testator (or signed at the testator's direction, or with the testator acknowledging a prior signature) in the presence of at least two witnesses, each of whom sees the signing or hears the acknowledgment and then signs the will as a witness within a reasonable time before the testator's death (ORS 112.235). Oregon does not recognize unwitnessed holographic wills. Notarization is not required for validity, but attaching a sworn attesting-witness affidavit at execution makes the will self-proving so the witnesses need not testify at probate (ORS 113.055; ORS 112.235(2)).
Oregon requires 2 witnesses: At least two witnesses. In the testator's presence, the testator signs the will (or directs another to sign the testator's name, or acknowledges a previously-made signature); each witness sees the testator sign, hears the testator acknowledge the signature, or hears/observes the testator direct another to sign; and each witness attests by signing the witness's name to the will within a reasonable time before the testator's death (ORS 112.235).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (ORS 113.055; ORS 112.235(2)) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in Oregon?
No. Oregon does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in Oregon
Can you disinherit your spouse? You CANNOT fully disinherit a spouse. Oregon (2009 elective-share overhaul) uses a UPC-style augmented-estate SLIDING SCALE by length of marriage: the elective-share percentage rises from 5% (married under 2 years) up to a MAXIMUM of 33% of the augmented estate for marriages of 15 years or more. The augmented estate reaches beyond probate assets to certain nonprobate transfers. The old flat 25%-of-net-estate rule (former ORS 114.105) was REPEALED for decedents dying on/after the 2009 Act's effective date.
Children born after your will: A 'pretermitted child' is a child born, adopted, or conceived AFTER the will is executed who is neither provided for nor mentioned in the will. Such a child is entitled to a share; the share calculation depends on whether the testator had living children at execution and provided for them (ORS 112.405 sets the dividing formula). Express mention of, or intent to omit, an after-born child controls. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: When property is devised to a person related by blood or adoption to the testator who predeceases the testator leaving lineal descendants, those descendants take by representation what the devisee would have taken — unless the will provides otherwise. Generator should include an express alternate-taker/survivorship clause to control disposition. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Oregon has adopted a 120-hour (USDA) survivorship requirement for intestate succession and simultaneous death (Or. Rev. Stat. §§ 112.572–112.582 / Uniform Simultaneous Death Act). For devises, a non-surviving beneficiary triggers lapse/anti-lapse. Best practice (and generator default) is an express survivorship period of 30–60 days, which Oregon honors. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: Oregon statutorily declares in terrorem (no-contest) clauses VALID and ENFORCEABLE, but ORS 112.272 carves out exceptions so the clause is NOT enforced against a devisee who, in good faith and with probable cause, brings (among other things) a proceeding to construe/interpret the will, a forgery/revocation challenge, or certain fiduciary-conduct actions. Net effect: enforced unless probable cause / a listed protected action. Generator may include a no-contest clause but should warn of the statutory exceptions.
Digital assets: Oregon has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Oregon lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in Oregon?
Oregon follows the clean modern split: a surviving spouse inherits the entire estate when there are no children or when every child is also the spouse's child. The only time the spouse's share drops to one-half is when at least one of the decedent's children is from another relationship, with those descendants dividing the remaining half.
- Spouse, no children: Entire net intestate estate. If the decedent leaves a surviving spouse and no descendants, the spouse takes everything (ORS 112.035).
- Spouse and shared children: Entire net intestate estate to the surviving spouse if all of the decedent's surviving descendants are also descendants of that surviving spouse (ORS 112.025(1)).
- Spouse and a child from another relationship: Spouse takes 1/2 of the net intestate estate if one or more of the decedent's surviving descendants are NOT descendants of the surviving spouse; the descendants take the other 1/2 (ORS 112.025(2)).
- Children, no spouse: No spouse: the whole estate passes to the decedent's descendants, by representation (ORS 112.045).
- No spouse or children: No spouse, no descendants: to surviving parents (equally); then to siblings and their descendants by representation; then to grandparents and their descendants; then to the next of kin; escheats to the state if no heirs.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Or. Rev. Stat. §§ 112.025, 112.035, 112.045.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Oregon?
Yes, if you sign it correctly. Oregon requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Oregon will need to be notarized?
No. Oregon does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Oregon will need?
2 witnesses. At least two witnesses. In the testator's presence, the testator signs the will (or directs another to sign the testator's name, or acknowledges a previously-made signature); each witness sees the testator sign, hears the testator acknowledge the signature, or hears/observes the testator direct another to sign; and each witness attests by signing the witness's name to the will within a reasonable time before the testator's death (ORS 112.235). They should be adults who do not inherit under the will.
Can I leave my spouse out of my Oregon will?
You CANNOT fully disinherit a spouse. Oregon (2009 elective-share overhaul) uses a UPC-style augmented-estate SLIDING SCALE by length of marriage: the elective-share percentage rises from 5% (married under 2 years) up to a MAXIMUM of 33% of the augmented estate for marriages of 15 years or more. The augmented estate reaches beyond probate assets to certain nonprobate transfers. The old flat 25%-of-net-estate rule (former ORS 114.105) was REPEALED for decedents dying on/after the 2009 Act's effective date.
What happens if I die without a will in Oregon?
Oregon follows the clean modern split: a surviving spouse inherits the entire estate when there are no children or when every child is also the spouse's child. The only time the spouse's share drops to one-half is when at least one of the decedent's children is from another relationship, with those descendants dividing the remaining half.
Does a Oregon will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Oregon?
Generally 18. 18 or older, OR lawfully married, OR emancipated under ORS 419B.550-419B.558, and of sound mind (ORS 112.225). You must also be of sound mind.
Can I write my will by hand in Oregon?
No. Oregon does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in Oregon?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Oregon requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Oregon estate-planning attorney. RecordingLaw.com is not a law firm.
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