Simple Will - Oregon

SIMPLE LAST WILL AND TESTAMENT

State of Oregon

TABLE OF CONTENTS

1. Identification of Testator
2. Revocation of Prior Instruments
3. Family Information
4. Appointment of Personal Representative
5. Disposition of Tangible Personal Property
6. Specific Devises & Bequests
7. Residuary Estate
8. Appointment of Guardian and Conservator
9. Administrative Powers of Personal Representative
10. Tax Allocation & Apportionment
11. No-Contest Clause (Will Contest Remedy)
12. Indemnification & Limitation of Liability
13. Governing Law; Exclusive Forum
14. Severability
15. Attestation Clause
16. Testator’s Signature Block
17. Witnesses’ Signatures
18. Self-Proving Affidavit (Optional)

1. IDENTIFICATION OF TESTATOR

I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and disposing memory, hereby declare this instrument to be my Last Will and Testament (this “Will”). I revoke all prior wills and codicils.

2. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke, cancel, and annul any and all prior wills, codicils, and testamentary instruments previously made by me.

3. FAMILY INFORMATION

A. I am [single/married/domestic partner] to [SPOUSE/PARTNER NAME] (“my Spouse”).
B. My children are:

1. [CHILD 1 NAME & DOB]
 2. [CHILD 2 NAME & DOB]

4. APPOINTMENT OF PERSONAL REPRESENTATIVE

A. I nominate and appoint [PRIMARY PERSONAL REPRESENTATIVE NAME], currently residing at [ADDRESS], as Personal Representative of my estate (“Personal Representative”).
B. If the primary nominee is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor Personal Representative.
C. Bond Waiver. No bond or other security shall be required of any Personal Representative.
D. Independent Administration. Pursuant to ORS 114.275, my Personal Representative shall proceed with the administration, settlement, and distribution of my estate without adjudication, order, or direction of the court, except as otherwise provided in ORS chapters 111 to 117 or as required by law.

5. DISPOSITION OF TANGIBLE PERSONAL PROPERTY

I give all items of my tangible personal property not otherwise specifically disposed of, together with any insurance thereon, to [BENEFICIARY NAME], if living. If [BENEFICIARY NAME] is not living, then to my Residuary Estate.

6. SPECIFIC DEVISES & BEQUESTS

I make the following gifts:
A. [BEQUEST 1] to [BENEFICIARY 1].
B. [BEQUEST 2] to [BENEFICIARY 2].
C. Any encumbrance on specifically devised property shall follow that property and shall not be exonerated from my general estate.

7. RESIDUARY ESTATE

I give all the rest, residue, and remainder of my probate estate, of whatsoever nature and wheresoever situated (the “Residuary Estate”), to [RESIDUARY BENEFICIARY NAME], if living. If such beneficiary does not survive me by 30 days, then to [CONTINGENT BENEFICIARY NAME].

8. APPOINTMENT OF GUARDIAN AND CONSERVATOR

If, at my death, I am the legal parent of any minor child, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor child, with [ALTERNATE GUARDIAN NAME] as successor. This nomination is given significant weight by the court in any guardianship proceeding under ORS chapter 125, though the court's appointment remains subject to ORS 125.305.

9. ADMINISTRATIVE POWERS OF PERSONAL REPRESENTATIVE

The Personal Representative shall have, without the necessity of court order, all powers granted by ORS 114.305 and 114.325, including but not limited to:

1. Sell, lease, exchange, or otherwise dispose of estate property.
2. Continue any business in which I hold an interest.
3. Compromise or settle claims for or against the estate.
4. Make elections and allocations regarding taxes.

10. TAX ALLOCATION & APPORTIONMENT

All estate, inheritance, and other death taxes shall be paid out of the Residuary Estate without apportionment, except as otherwise provided by law with respect to property qualifying for the marital or charitable deduction.

11. NO-CONTEST CLAUSE (Will Contest Remedy)

If any devisee under this Will, directly or indirectly, contests or seeks to impair or invalidate any provision of this Will, any share or interest given to that devisee shall be forfeited and shall pass as though such devisee had predeceased me without descendants. Under ORS 112.272, this in terrorem clause is valid and enforceable even if the contesting devisee establishes that there was probable cause for the contest, except that the court shall not enforce this clause: (a) if the contesting devisee establishes probable cause to believe that this Will is a forgery, has been revoked, or is invalid in whole or in part; (b) if the devisee's objections are limited to the acts of the Personal Representative in administering my estate; or (c) if the contest is brought by a fiduciary acting on behalf of a protected person under ORS chapter 125, or by a guardian ad litem appointed for a minor, incapacitated, or financially incapable person.

12. INDEMNIFICATION & LIMITATION OF LIABILITY

A. Expenses. Necessary estate-administration expenses and good-faith litigation expenses are governed by ORS 116.183. This Will creates no broader indemnity for a fiduciary breach.
B. Liability. A Personal Representative's fiduciary and third-party liability is governed by ORS 114.395 and 114.405. Nothing in this Will creates a blanket estate-assets-only cap or protects a Personal Representative who is personally at fault.

13. GOVERNING LAW; EXCLUSIVE FORUM

A. This Will shall be construed in accordance with the laws of the State of Oregon.
B. Exclusive jurisdiction over all matters relating to the administration of my estate shall lie in the [COUNTY] County Circuit Court (or, if my domicile at death is in Gilliam, Grant, Harney, Malheur, Sherman, or Wheeler County, the county court of that county) under ORS 111.075 and 111.085. Oregon vests probate jurisdiction in the ordinary circuit court of general jurisdiction (or, in those six counties, the county court); it does not create a separate statewide "Probate Department" of the circuit court.

14. SEVERABILITY

If any provision of this Will is held invalid or unenforceable, such determination shall not affect the remaining provisions, which shall remain in full force and effect.

15. ATTESTATION CLAUSE

The Testator, [TESTATOR NAME], signed this Will, acknowledged the Testator's signature, or directed another person to sign the Testator's name in the presence of each witness. Each witness signs below after seeing the Testator sign, hearing the Testator acknowledge the signature, or hearing or observing the Testator direct another person to sign, consistent with ORS 112.235.

16. TESTATOR’S SIGNATURE BLOCK

______________________________
[TESTATOR NAME], Testator

Date: _______________________

17. WITNESSES’ SIGNATURES

Each undersigned witness attests that the Testator, in that witness's presence, signed this Will, acknowledged the Testator's signature, or directed another person to sign the Testator's name; that the witness saw the signing, heard the acknowledgment, or heard or observed the direction; and that the witness signs this Will as an attesting witness. The Testator appeared eligible to make a will, of sound mind, and acting voluntarily.

Witness #1:
______________________________
Name: ________________________
Address: ______________________
Date: _________________________

Witness #2:
______________________________
Name: ________________________
Address: ______________________
Date: _________________________

18. SELF-PROVING AFFIDAVIT (OPTIONAL)

Under ORS 113.055, an attesting witness may make this affidavit at or after execution for use in the ex parte probate review instead of appearing personally, subject to the court's authority to require an appearance or deposition on timely motion.

State of Oregon )
County of ______ ) ss.

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], being first duly sworn, each state:

1. The Testator signed or acknowledged the signature on the Will, or directed another person to sign, in the affiant's presence.
2. The affiant saw the signing, heard the acknowledgment, or heard or observed the direction and signed the Will as an attesting witness.
3. To the best of the affiant's knowledge, the Testator was eligible to make a will under ORS 112.225, was of sound mind, and acted voluntarily.

______________________________
[WITNESS #1 NAME], Affiant

______________________________
[WITNESS #2 NAME], Affiant

Signed and sworn to (or affirmed) before me on [__/__/____] by [WITNESS #1 NAME] and [WITNESS #2 NAME].

______________________________
Signature of Notarial Officer

Official Stamp: ______________________________

Title of Office: Notary Public for Oregon

My Commission Expires: __________

END OF DOCUMENT