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Commonly Asked Questions about Oregon Last Will and Testament

An affidavit can be filed if the fair market value of the estate is $275,000 or less. Of that amount, no more than $200,000 can be attributable to real property and no more than $75,000 can be attributable to personal property.
Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically.
Under Oregon inheritance laws, If you have a spouse but no descendants (children, grandchildren), your spouse will inherit everything. If you have children but no spouse, your children will inherit everything.
Does a Living Will need to be docHubd or witnessed in Oregon? The specifications governing Living Wills vary in each state; however, in Oregon, your Living Will must be signed by two witnesses or a notary public.
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. Some people cannot serve as witnesses to your will.
Children and descendants: If the deceased person has descendants but no surviving spouse, the estate is divided equally among the children. If a child predeceased the deceased person but left children of their own (grandchildren of the deceased), those grandchildren inherit their parents share.
Satisfying the following legal requirements constitutes a valid Will in Oregon: The Will must be in writing (handwritten or typed) The Testator (the person writing the Will) must be at least 18 years old and be of sound mind. The Testator must sign the Will in front of two witnesses.
Dying without a legal will, known as dying intestate, means your estate goes through probate, which can be lengthy and complex. The court appoints a representative, often a surviving spouse or adult child, to handle asset distribution and settle debts.