Petition for Probate of Will and for Letters Testamentary (Oregon)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE [CIRCUIT / COUNTY] COURT OF THE STATE OF OREGON FOR [COUNTY] COUNTY

CAPTION AND CASE INFORMATION

1. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Post-Office Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the person nominated as personal representative (Executor) in the Will of the Decedent and petitions under ORS 113.035 for probate of the Will and appointment of a personal representative.

Relationship of Petitioner to Decedent: [________________________________]

2. DECEDENT INFORMATION (ORS 113.035(1))

3. TESTACY AND BASIS FOR VENUE (ORS 113.035(2)–(3))

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

b. Venue. Venue is proper in this Court under ORS 113.015 because (check all that apply):
☐ The Decedent had a domicile or place of abode in [COUNTY] County, Oregon at the time of death;
☐ Property of the Decedent was located in [COUNTY] County at the time of death or is located there now;
☐ The Decedent died in [COUNTY] County;
☐ A personal injury or wrongful death claim could be maintained in [COUNTY] County.

4. THE WILL OFFERED FOR PROBATE (ORS 113.035(10); ORS 113.055)

a. Original will. (Check one):
☐ The original Last Will and Testament of the Decedent is in the possession of the Court or accompanies this Petition.
☐ The original will is lost, destroyed, or otherwise unavailable; its contents are stated herein/attached, and it was not revoked.

b. Execution. The Will was lawfully executed under ORS 112.235: it is a nonelectronic writing; the Decedent, in each witness's presence, signed it, directed another person to sign both the Decedent's name and the signer's own name, or acknowledged a previously made signature; and at least two witnesses each saw the signing, heard the acknowledgment, or heard or observed the direction to sign and attested by signing within a reasonable time before the Decedent's death.

c. Proof of will (ORS 113.055). On ex parte review, evidence of execution may be supplied by an attesting witness's affidavit made at or after execution. Under ORS 112.235(2), a witness's signature on a contemporaneous affidavit may be treated as the witness's signature on the Will if necessary to prove due execution. An interested person may move within 30 days after the personal representative first delivers or mails information under ORS 113.145(1) to require the witness to appear; if the witness is outside subpoena range, the Court may order a deposition. If no attesting witness's evidence is available, the Court may allow other proof that the signature of the Decedent or at least one witness is genuine.

d. Attesting-witness proof (check one):
☐ The Will is accompanied by an affidavit of an attesting witness for use on ex parte review, subject to a timely motion and Court order requiring an appearance or deposition.
☐ An affidavit of attesting witness is being obtained / testimony will be presented.
☐ No attesting witness's evidence is available; alternative signature evidence is attached or will be offered under ORS 113.055(3).

e. Attesting Witnesses:

5. DEVISEES AND HEIRS (ORS 113.035(5)–(7))

A. Devisees named in the Will (ORS 113.035(7)):

☐ A devise to a person who did not survive the Decedent or is not entitled to receive it failed because: [________________________________].

B. Heirs of the Decedent — persons who are or would be the heirs upon intestacy (ORS 113.035(5)):

c. Heir omissions (ORS 113.035(6)). Reasonable efforts have been made to identify and locate all heirs of the Decedent. ☐ Petitioner knows of no omissions / ☐ There are actual or possible omissions from the heir information, as follows: [________________________________].

d. Devisee omissions (ORS 113.035(7)). ☐ Petitioner knows of no omissions / ☐ There are actual or possible omissions from the devisee information, as follows: [________________________________].

e. Other asserted interests (ORS 113.035(8)–(9)). ☐ No person is known to assert an interest contending the Will is ineffective, that another will exists, or based on a contract to make/revoke a will, or on parental desertion/neglect under ORS 112.047. ☐ The following persons assert such interests: [________________________________].

6. NOMINATION AND QUALIFICATION OF PERSONAL REPRESENTATIVE (ORS 113.035(4); ORS 113.085)

a. The Will nominates [PETITIONER FULL LEGAL NAME], whose post-office address is [________________________________], to serve as personal representative (Executor).

b. Preference, suitability, and qualification. Under ORS 113.085, after the Will is proved the Court appoints a qualified person it finds suitable, giving first preference to the personal representative named in the Will. Petitioner requests that preference and states that Petitioner is willing and suitable to serve.

c. Qualification facts (ORS 113.092 and 113.095):

☐ Petitioner is not incapacitated or financially incapable and is not a minor.

☐ Petitioner is not suspended, disbarred, or resigned from the Oregon State Bar while misconduct charges were under investigation or disciplinary proceedings were pending.

☐ Petitioner is not a licensed funeral service practitioner, or the statutory relative / professional-colleague exception applies: [________________________________].

☐ Petitioner has not been convicted of a felony.

☐ Petitioner has been convicted of the following felony and discloses it to the Court as required by ORS 113.092: [________________________________].

Oregon Chapter 113 does not require a nonresident personal representative to appoint an Oregon resident agent merely because of nonresidency. By accepting appointment, a resident or nonresident personal representative submits personally to the Court's jurisdiction under ORS 113.087.

7. BOND (ORS 113.105)

a. ☐ Bond waived by Will. The Will provides that no bond is required of the personal representative; Petitioner requests waiver under ORS 113.105(2)(a), subject to the Court's authority to require a bond for good cause.

b. ☐ Personal representative is sole heir/devisee — bond not required under ORS 113.105(2)(b), subject to the Court's discretion.

c. ☐ Bond furnished. Petitioner will furnish a bond in the amount set by the Court, adequate to protect interested persons in light of the nature, liquidity, and value of estate assets, anticipated income, and probable debts and taxes (ORS 113.105(1)).

d. ☐ No known assets. The Petition states that no estate assets are known, so bond is not initially required under ORS 113.105(2)(d). If assets later become known or possessed, Petitioner will timely move to set or waive bond as required by ORS 113.105(3).

e. ☐ Discretionary waiver requested. Petitioner separately states the reasons for waiver and describes known creditors as required by ORS 113.105(4), or requests reduction based on restricted assets under ORS 113.105(5).

f. Statement of assets for bond purposes (ORS 113.035(11)). The extent and nature of the assets of the estate are:

g. Purpose if no assets are known (ORS 113.035(12)). If the Petition states that no estate assets are known and is not filed under ORS 114.453, the purpose for filing is: [________________________________].

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Admit the Last Will and Testament of the Decedent (and any codicil) dated [__/__/____] to probate;

b. Appoint Petitioner as personal representative (Executor) of the estate under ORS 113.085;

c. Issue Letters Testamentary to Petitioner upon qualification;

d. Fix bond, or waive bond as provided by the Will under ORS 113.105, in the amount of $[________________];

e. Grant such other and further relief as is just and equitable.

9. VERIFICATION / DECLARATION

I hereby declare that the above statements are true to the best of my knowledge and belief, and I understand they are made for use as evidence in court and are subject to penalty for perjury.

Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Date: [__/__/____] Place of Execution: [CITY], Oregon

10. CERTIFICATE OF SERVICE / INFORMATION TO INTERESTED PERSONS (ORS 113.145)

Information to devisees, heirs, and interested persons. Upon appointment, the personal representative shall deliver or mail the information required by ORS 113.145(1) to the devisees, heirs, and persons required to be named under ORS 113.035(8) and (9). The information must include the title and case number; the Decedent's name and place/date of death; whether the Will was admitted; the personal representative's and counsel's names and addresses; the appointment date; the statutory affected-rights advisory; and, when applicable, the four-month warning tied to ORS 113.075 or 112.049. Proof of delivery or mailing, including a copy of the information and recipient names, or a waiver under ORS 111.225 must be filed within 30 days after appointment. The personal representative must also deliver the information and a copy of the death record to the Department of Human Services and the Oregon Health Authority within 30 days after appointment.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Oregon State Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone / Email: [________________________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil) — lodged with the Court
☐ Affidavit of an Attesting Witness for ex parte proof (ORS 113.055)
☐ Certified copy of Death Certificate
☐ Acceptance of Appointment as Personal Representative
☐ Bond (ORS 113.105) or statement of waiver per Will / sole-devisee status
☐ Proposed Order/Judgment Admitting Will to Probate and Appointing Personal Representative
☐ Proposed Letters Testamentary
☐ Information to Heirs and Devisees and proof of delivery/mailing (ORS 113.145)
☐ Published notice to interested persons and proof of publication (ORS 113.155), unless the no-known-assets exception applies
☐ Filing fee payment

SOURCES AND REFERENCES

• ORS Chapter 111 — probate courts and procedure
• ORS Chapter 112 — wills
• ORS Chapter 113 — initiation of estate proceedings
• 2026 Oregon Laws amendment and repeal table