What is a Last Will and Testament


A Oregon Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Oregon Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Oregon free information on last will and testament forms.

Legal Requirements for Last Wills in Oregon

A Last Will is a significant step towards the distribution of property and capital after your death. Indeed, this Last Will protect your heirs from the unfair distribution of property according to the law. To draw up such a formal document, the testator must follow the rules. Below are several requirements for making this Last Will in Oregon.

Who Can Write a Last Will

In Oregon, Last Wills can be made by anyone over the age of 18. The area of residence, social status, and place of work do not affect the permission or cancellation of the document in any way.

Who Can Be The Heirs

According to the laws, the testator may transfer property and assets to any person and even trust and charitable foundations. Besides, a person independently determines the share of each beneficiary. If a person did not have time to make the Last Will, the court distributes the property itself by the laws. A significant remark: witnesses, as a rule, cannot be beneficiaries.

The beneficiaries may be the following persons:

  • Spouse and children

  • Sisters and brothers

  • Other relatives and friends

  • Third parties, including organizations

Do not confuse the Last Will with a life insurance document: the second document is intended exclusively for your incapacity. The Last Will is not a mandatory requirement: you may make it at your request.

Rules for Making a Testament

You must submit any Will to the court for consideration. In Oregon, the court appoints a personal representative so that this person controls the entire process of transferring property. Moreover, a personal representative handles any financial matters: debts, loans, income, and other payments.

In Oregon, you may also apply for a simplified probate procedure. To do this, the value of your property should not be higher than $ 275 000.

Dying without Last Wills

As already noted, some people do not have time to make the Last Will due to death. In this case, the court, according to the law, independently distributes the property of the deceased. Firstly, half of the property (if there are no children) is received by the spouse. If there are children, the share of the spouse's property decreases. You may also transfer your property to your parents. If you have no one left alive at all, determine another circle of the beneficiary.

Key Requirements

Read the requirements for The Last Will carefully. If you follow all the rules, you will avoid unnecessary worries and cancellation of the document:

  • 18 years of age and older

  • Sound mind and legal capacity

  • Signature of the testator and two witnesses

  • A written form of the document

You may change or cancel the Will at any time. To do this, contact the appropriate judicial authorities. Cancellation occurs by burning, destroying, or changing the document to a new one.

Here are a few key requirements for the Last Will. In any case, you independently determine whether to make a document or not. If you want to secure the distribution of property by heirs, it is better to resort to this procedure.



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