How to Make a Will in Oregon (2026 Guide)

A will made in Oregon must be signed by you and by 2 witnesses to be valid. Yes (Or. Rev. Stat. § 113.055 (affidavit of attesting witness, which may be made at execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Oregon will covers, generated from the same rules.

Make my free Oregon will

Oregon will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Or. Rev. Stat. § 112.235
Financial POA statute	Or. Rev. Stat. § 127.005 et seq. (powers of attorney)
Healthcare directive statute	Or. Rev. Stat. §§ 127.505 to 127.660 (advance directives; form adopted under § 127.531)

Witnesses

Two witnesses. The will must be in writing and signed by the testator (or by another at the testator's direction and in the testator's presence), and at least two witnesses must each see the testator sign or hear the testator acknowledge the signature and then attest the will by signing it (Or. Rev. Stat. § 112.235). Witnesses must be at least 18 (Or. Rev. Stat. § 112.235(4)); use adults who take nothing under the will to avoid an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Oregon?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Or. Rev. Stat. § 113.055 (affidavit of attesting witness, which may be made at execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Oregon

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing and signed by the testator (or by another at the testator's direction and in the testator's presence), and at least two witnesses must each see the testator sign or hear the testator acknowledge the signature and then attest the will by signing it (Or. Rev. Stat. § 112.235). Witnesses must be at least 18 (Or. Rev. Stat. § 112.235(4)); use adults who take nothing under the will to avoid an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Or. Rev. Stat. § 113.055 (affidavit of attesting witness, which may be made at execution and used to prove the will)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Oregon has no general statute for lifetime deposit of a will with the circuit court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 5% for less than two years to 33% for fifteen years or more (Or. Rev. Stat. §§ 114.600 to 114.725). The spouse may also occupy the family home for one year after death and receive a support allowance (Or. Rev. Stat. §§ 114.005, 114.015).

Homestead

No special restriction on devising a homestead by will, but the surviving spouse and dependent children may occupy the family dwelling for one year after death regardless of the will (Or. Rev. Stat. § 114.005). The homestead exemption from creditors is in Or. Rev. Stat. § 18.395.

If you die without a will in Oregon

If you die without a will in Oregon, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes half and your descendants take half (Or. Rev. Stat. §§ 112.025, 112.035, 112.045). With no spouse, everything passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Oregon

• Durable financial power of attorney: Or. Rev. Stat. § 127.005 et seq. (powers of attorney). A power of attorney must be in writing and signed by the principal; since January 1, 2020, Oregon requires the principal's signature to be either acknowledged before a notary public or witnessed by two adults who are not the agent (Or. Rev. Stat. § 127.005). Sign before a notary — a notarized power is needed to record it with the county clerk for real estate. Two adult witnesses are also recommended.
• Advance healthcare directive: Or. Rev. Stat. §§ 127.505 to 127.660 (advance directives; form adopted under § 127.531). An advance directive must be signed and dated by the principal and either witnessed by two adults or acknowledged before a notary public (Or. Rev. Stat. § 127.515). A witness may not be the appointed health care representative or the principal's attending health care provider; if the principal is a resident of a long-term care facility, one witness must be an individual designated by the facility. Oregon adopted a revised statutory form in 2018 and treats it as the required form for a valid advance directive, with older statutory forms remaining valid; use Oregon's current form (Or. Rev. Stat. § 127.531).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Oregon notes

• Oregon requires its own advance directive form (Or. Rev. Stat. § 127.531); this service's health care documents for Oregon follow the current state form.
• Oregon does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Oregon?

Oregon requires 2 witnesses (Or. Rev. Stat. § 112.235). Two witnesses. The will must be in writing and signed by the testator (or by another at the testator's direction and in the testator's presence), and at least two witnesses must each see the testator sign or hear the testator acknowledge the signature and then attest the will by signing it (Or. Rev. Stat. § 112.235). Witnesses must be at least 18 (Or. Rev. Stat. § 112.235(4)); use adults who take nothing under the will to avoid an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Oregon?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Oregon have a self-proving affidavit?

Yes (Or. Rev. Stat. § 113.055 (affidavit of attesting witness, which may be made at execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Oregon?

Oregon does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Oregon?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 5% for less than two years to 33% for fifteen years or more (Or. Rev. Stat. §§ 114.600 to 114.725). The spouse may also occupy the family home for one year after death and receive a support allowance (Or. Rev. Stat. §§ 114.005, 114.015).

What happens if I die without a will in Oregon?

If you die without a will in Oregon, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes half and your descendants take half (Or. Rev. Stat. §§ 112.025, 112.035, 112.045). With no spouse, everything passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Oregon?

A no-contest clause is unenforceable in Oregon if the contesting party had probable cause to bring the contest (Or. Rev. Stat. § 112.272).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.