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Can I write my own will in Oregon?

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.

Does a will need to be recorded in Oregon?

Under Oregon law, a will must be filed with the court within 30 days after the death of the testator. ORS 112.810. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).

What are the requirements for a will to be valid in Oregon?

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.

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Who inherits when there is no will in Oregon?

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. If you have a spouse and descendants (with that spouse), your spouse inherits everything.

Do you have to file a will with the court in Oregon?

Non-Probated Wills Wills for deceased persons are not filed with the court, unless a probate case is opened for a decedent. An exception is if you have an original will of a deceased person and you cannot find the personal representative named in the will. Then you can file an un-probated will with the court.

How much does a simple will cost Oregon?

How Much Does a Probate Lawyer Cost in Oregon? Since probate lawyer fees in Oregon can differ, its hard to estimate how much the process will cost should you choose to hire an attorney. Simple probates may cost around $2,000, but an average is closer to $3,000 - $5,000 (and up).

What happens in Oregon if someone dies without a will?

If a person dies without a will, the court will select the personal representative, usually the spouse, an adult child or another close relative. If none of those people are available or willing to be the personal representative, the court may choose a bank, trust company or a lawyer.

Who is next of kin in Oregon?

The order of the hierarchy starts with your spouse (if you are married), then your children, your grandchildren, your parents, your siblings, aunts and uncles, cousins, and so on. If you have absolutely no surviving relatives, the State of Oregon inherits from you.

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