Is An Online Will Legally Valid in Oregon?
Yes, online wills are legally valid in Oregon. However, simply creating once does not make it legal. There are steps you need to take for it to hold up in court. Learn more about those rules below.
Not to worry, FeedingBird walks you through every single step of the process.
What Makes an Online Will Legally Valid in Oregon?
Under ORS 112.235, a valid will must be in writing and signed by the testator, and by at least two witnesses who sign before the testator's death after witnessing the signing or the testator's acknowledgment of the will. You do not need to notarize the will to make it valid, but a notarized self-proving affidavit lets the court accept the will without requiring witness testimony later, which can reduce the amount of time needed to settle through probate.
Oregon does not recognize purely holographic wills. A handwritten will that is not signed by two witnesses has no legal effect in Oregon, though the state does allow a defective will to be treated as valid if there is clear and convincing evidence the testator intended it as their will.
What You Need to Know about Online Wills in Oregon
Estate laws are complex and vary greatly by state. It's important to make sure your online will is structured correctly if you want to avoid a long, complex court process.
Oregon Property Laws
Oregon is not a community property state. All property owned solely in your name is distributed according to your will. If you have none, your estate will be distributed according to the state's intestate succession rules, regardless of when assets were acquired during the marriage.
Oregon Probate
Most estates in Oregon go through circuit court. Smaller estates may qualify for a small estate affidavit if the total value does not exceed $275,000, made up of no more than $75,000 in personal property and no more than $200,000 in real property.
Avoiding Probate in Oregon
Because probate can take a long time and involves significant court costs, people sometimes wish to avoid it entirely. Here are some ways you can do that.
- Instead of creating a will, put your assets in a revocable living trust. A living trust lets you retain control over your estate as the trustee, and also names a successor trustee to manage distribution after your death.
- Assign beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.
- Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of probate.
Want to learn more about trusts? Discover what is included in a trust.
