Estate plan

Oregon

Everything to plan your estate in Oregon: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Since 2021

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Or. Rev. Stat. §112.225 et seq.

Witnesses: 2 required

Two witnesses must each see the testator sign, hear the testator acknowledge the signature, or observe the testator direct another person to sign. Witnesses must attest by signing the will within a reasonable time before the testator's death; Or. Rev. Stat. §112.235(1)(b) does not require the witnesses to sign in the testator's presence.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Oregon does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Or. Rev. Stat. §127.005 does not require notarization for the POA itself, but ORS 93.410 requires acknowledgment for any instrument conveying an interest in real property to be recordable. Title companies, banks, and brokerages refuse un-acknowledged POAs, so this packet mandates notarization.
Durability is presumed unless the instrument states otherwise
ViewStatutory warning notice
IMPORTANT INFORMATION FOR THE PRINCIPAL As the "principal," you are using this Power of Attorney to grant authority to another person (your "agent") to make decisions concerning your money and property for you. Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself, unless you elect a springing trigger in the Effective Date article below. This Power of Attorney does not authorize the agent to make health care decisions for you. Health care decisions are governed by a separate Oregon Advance Directive under ORS 127.505 to 127.660. You should select someone you trust to serve as your agent. Your agent must act in accordance with your reasonable expectations to the extent actually known by the agent and, otherwise, in your best interest, and must act in good faith and only within the scope of authority granted in this Power of Attorney. You may revoke this Power of Attorney at any time while you are of sound mind by signing a written revocation and giving written notice of the revocation to your agent and to any third party who has relied on this Power of Attorney. If you have any questions about the meaning of any provision in this Power of Attorney or about the powers you are granting to your agent, you should consult a lawyer of your own choosing before signing this document.
4

Advance Directive

Or. Rev. Stat. §§127.505–127.660 (Oregon Health Care Decisions Act); statutory form at §127.529

Last verified: 2026-05

Oregon requires use of the statutory form

Witnesses: 2 required, or notary

Oregon accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. Or. Rev. Stat. §127.515(2)(b)(B)

State-specific notes

Witnesses may not be the principal's attending physician or attending health care provider, or the principal's appointed health care representative or alternate. Or. Rev. Stat. §127.515(4).
If the principal is a patient in a long-term-care facility at signing, one of the two witnesses must be an individual designated by the facility and qualified under Department of Human Services rules. Or. Rev. Stat. §127.515(5).
The advance directive is valid when signed and either witnessed by two adults OR acknowledged before a notary public. Or. Rev. Stat. §127.515(2).
ViewForm section list (7)
1. Section 1: About Me 2. Section 2: My Health Care Representative 3. Section 3: My Health Care Instructions 4. Section 4: More Information 5. Section 5: My Signature 6. Section 6: Witness 7. Section 7: Acceptance by My Health Care Representative
ViewWitness disqualification recital
Witnesses may not be the principal's attending physician or attending health care provider, or the appointed health care representative or alternate. Or. Rev. Stat. §127.515(4). If the principal is a patient in a long-term-care facility at signing, one of the witnesses must be an individual designated by the facility and qualified under Department of Human Services rule. Or. Rev. Stat. §127.515(5).
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6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free
Plus
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime, stored in your account
Annual review reminder
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Electronic will status

Oregon has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Oregon has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Oregon authorized RON in 2021. Or. Rev. Stat. §194.277 (the operative remote online notarization section, in the §§194.215–194.355 chapter on notarial acts) authorizes a notary located in Oregon to perform notarial acts using communication technology for a remotely located individual. The Will's two-witness execution must still occur in physical presence under Or. Rev. Stat. §112.235, but the self-proving affidavit's notary portion under Or. Rev. Stat. §113.055 may be completed via RON. The witnesses themselves cannot be remote.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Oregon does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

Last reviewed: May 12, 2026.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Oregon for guidance specific to your situation.

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