Personal Property Memorandum Requirements in Oregon

At a glance

Requirements one by one

The device and will reference

ORS § 112.260 recognizes a separate statement or list, except as otherwise provided in a valid will. The writing does not operate by itself. To be admissible under the section, it must be referred to in the testator's will.

The will may refer to a writing that “is or will be in existence at the time of the testator's death.” The testator therefore does not need to prepare the list before signing the will, but the will must make the statutory connection to the separate writing.

Eligible property and exclusions

Oregon uses a narrower property category than statutes covering all tangible personal property. The writing may dispose of household items, furniture, furnishings, and personal effects. Section 112.260(1) expressly excludes three groups:

• money;
• property used in trade or business; and
• items evidenced by documents or certificates of title.

The section states no per-item or total value ceiling. But an item still must fit one of the four included categories and avoid every stated exclusion.

Signature and identification

The writing must be signed by the testator. Handwriting is not an alternative to the signature, and § 112.260 states no date, witness, acknowledgment, or notarization requirement for the writing.

The writing must describe the covered items and the devisees with reasonable certainty. A label that leaves the item or intended recipient uncertain does not meet the stated admissibility condition.

Timing, electronic form, and alterations

The writing may be prepared before or after execution of the will and need not have significance apart from its effect on the will's dispositions. Oregon also defines “writing” to include an electronic record, document, or image. That expanded form does not remove the signature and identification conditions.

The testator may alter the writing one or more times after creating it. The section states no separate date, signature-on-each-alteration, replacement, or priority rule for inconsistent writings. ORS § 112.275 makes § 112.260 one of the exclusive statutory routes by which a will may be altered.

What trips people up

Physical tangibility alone is not enough. A vehicle or boat may be tangible, but an item evidenced by a document or certificate of title is expressly outside § 112.260. The same is true for property used in a trade or business.

The statute permits alterations but does not say that the newest writing automatically controls every conflict. A blanket “latest list wins” rule should not be supplied from another state's statute. Clear identification of the operative signed writing and its changes matters when more than one version exists.

Common questions

Must the writing be dated or witnessed?

No date or witness condition appears in § 112.260. The writing must be signed by the testator and must identify the covered items and devisees with reasonable certainty.

Can the will refer to a list that will be prepared later?

Yes. Section 112.260(3) permits reference to a writing that is or will be in existence at death, and the writing may be prepared before or after the will.

Can the writing be electronic?

The statutory definition includes an electronic record, document, or image. The writing still must satisfy the signature, will-reference, property-scope, and reasonable-certainty conditions.

Is there a separate probate filing deadline?

Section 112.260 makes a qualifying writing admissible as evidence of the intended disposition but states no separate filing or delivery deadline. A writing that misses the subsection (2) conditions is not admissible under this section through the stated route.

Statutes and sources

• Or. Rev. Stat. § 112.260 — device, will reference, eligible property, exclusions, signature, identification, timing, alterations, independent significance, electronic form, and admissibility. Oregon Legislature: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html (accessed 2026-08-11).
• Or. Rev. Stat. § 112.275 — exclusive will revocation and alteration routes, including § 112.260. Same official chapter URL (accessed 2026-08-11).