Oregon wills
How to make a will in Oregon
What Oregon law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Oregon will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Allowed, but best avoided |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No |
| State estate or inheritance tax | Estate tax over $1,000,000 |
How to sign a will in Oregon
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (ORS 113.055 (a witness's affidavit may be made at or after execution and used instead of court testimony); not a UPC-style combined self-proving certificate)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. Also anyone who has been lawfully married, or has been emancipated under ORS 419B.550-419B.558, if of sound mind (ORS 112.225).
Witness rules
The testator signs, directs someone to sign, or acknowledges the signature in the presence of each witness. At least two witnesses must each see the signing, hear the acknowledgment, or hear or see the direction to sign. Each witness signs the will within a reasonable time before the testator's death. The statute has no each-other presence rule (ORS 112.235).
If a witness inherits: No effect: a will attested by an interested witness is not invalidated (ORS 112.245).
Handwritten wills
Oregon does not recognize unwitnessed holographic wills. A signed writing that lacks the formalities may still be probated if intent is proved by clear and convincing evidence (ORS 112.238).
Self-proving affidavit
Oregon lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (ORS 113.055 (a witness's affidavit may be made at or after execution and used instead of court testimony); not a UPC-style combined self-proving certificate)
Can I sign my will online in Oregon?
No. Since Jan. 1, 2026, a 'writing' for will execution and for the ORS 112.238 harmless-error exception excludes any electronic record, document, or image. The Oregon Law Commission's electronic wills work group was still reviewing a Uniform Electronic Wills Act draft (LC 4792) in 2026; it was not enacted as of this research.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: The will must be paper and signed with witnesses present. Nothing in the statutes addresses using RON for an ORS 113.055 witness affidavit. (ORS 194.277 (2020 1st Spec. Sess., c. 12))
Good to know in Oregon
Oregon has a harmless-error rule (ORS 112.238), but since 2026 it cannot save a purely electronic will. ORS 112.800-112.830 governs private custodians such as attorneys; no lifetime court deposit statute was found.
Estate and inheritance taxes
Oregon has a state estate tax on estates worth more than about $1,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Oregon will questions
Does a will need to be notarized in Oregon?
No. Two witnesses make a Oregon will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Oregon?
Oregon does not recognize unwitnessed holographic wills. A signed writing that lacks the formalities may still be probated if intent is proved by clear and convincing evidence (ORS 112.238).
Can a beneficiary witness a will in Oregon?
No effect: a will attested by an interested witness is not invalidated (ORS 112.245).
Can I make a will online in Oregon?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Oregon doesn't allow electronic wills, so the will must be signed on paper.
Does Oregon have an estate or inheritance tax?
Oregon has a state estate tax on estates worth more than about $1,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against Oregon statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Oregon attorney.
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