Chapter 112 — Intestate Succession and Wills

112.010 [Amended by 1969 c.591 §69; renumbered 112.575]

INTESTATE SUCCESSION

112.015 Net intestate estate; effect of exclusion by will

Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives …

112.017 [1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1]

112.020 [Amended by 1969 c.591 §70; renumbered 112.585]

112.025 Share of surviving spouse if decedent leaves descendants

If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is: If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate. If there are one or more surviving descendants of the decedent one or more of whom ar…

112.030 [Amended by 1969 c.591 §71; renumbered 112.595]

112.035 Share of surviving spouse if decedent leaves no descendant

If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate.

112.040 [Amended by 1969 c.591 §73; renumbered 112.615]

112.045 Share of others than surviving spouse

The part of the net intestate estate not passing to the surviving spouse shall pass: To the descendants of the decedent by representation as described in ORS 112.065. If there is no surviving descendant, to the surviving parents of the decedent. If there is no surviving descendant or parent, equally to the brothers and sisters of the decedent and by repre…

112.047 Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect

Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if: The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not ju…

112.049 Petition for forfeiture of parent’s share

A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share. A petition under this section must be filed not later than: Four months after the da…

112.050 [Repealed by 1969 c.591 §305]

112.055 Escheat

If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon. If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that pe…

112.058 Preferences and presumptions in escheat proceedings

In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state: No preference shall be given to any person over escheat; and After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing pe…

112.060 [Amended by 1969 c.591 §74; renumbered 112.625]

112.065 Passage by representation

“Representation” means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows: If a distributive share of a wholly or partially intestate estate passes by representation to a person’s descendants, the share is divided into as …

112.070 [Amended by 1969 c.591 §75; renumbered 112.635]

112.075 [1969 c.591 §25; repealed by 2015 c.387 §1]

112.077 Time of determining relationships; application to different circumstances of conception

For purposes of this section, an embryo that exists outside a person’s body is not considered to be conceived until the embryo is implanted into a person’s body. Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the death of a decedent govern the passing of the decedent’s estate. A person conceived bef…

112.080 [Amended by 1969 c.591 §76; renumbered 112.645]

112.085 [1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11]

112.095 Persons of the half blood

Persons of the half blood inherit the same share that they would inherit if they were of the whole blood.

112.105 Succession where parents not married

For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption. For all purposes of intestate succession and for those purposes only, before the relationship of parent and child and other relationships dependent upon the establishment of parentage…

112.115 Persons related to decedent through two lines

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. ADVANCEMENTS

112.135 When gift is an advancement; valuation of advancement

If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir’s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement. For purposes of applying the gift against…

112.145 Effect of advancement on distribution

If the value of an advancement exceeds the heir’s or devisee’s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement is less than the heir’s or devisee’s share, the heir or devisee shall be entitled up…

112.155 Death of advancee before decedent

If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the descendants of the recipient, whether or not the descendants take by representation. STATUS OF ADOPTED PERSONS

112.175 Adopted persons

An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person, the descendants and kindred of the adopted person, as though the adopted person we…

112.185 Effect of more than one adoption

For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a…

112.195 References in wills, deeds and other instruments to accord with law of intestate succession

Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or o…

112.225 Who may make a will

Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will.

112.227 Intention of testator expressed in will as controlling

The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will.

112.230 Local law of state selected by testator controlling unless against public policy

The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state.

112.232 Uniform International Wills Act

As used in this section: “International will” means a will executed in conformity with subsections (2) to (5) of this section. “Authorized person” and “person authorized to act in connection with international wills” means a person who by subsection (9) of this section, or by the laws of the United States including members of the diplomatic and consular se…

112.235 Execution of a will

Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities: The testator, in the presence of each of the witnesses, shall: Sign the will; Direct one of the witnesses or some other person to sign the name of the testator and the signer’s own name on the will; or Acknowledge the signatur…

112.237 [1981 c.481 §3; repealed by 1993 c.98 §26]

112.238 Exception to will execution formalities; petition; notice; written objections; hearing; fee

Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if: The writing was executed before the decedent’s death; The decedent signed the writing; or At the direction of the decedent, another person signed the name of the decedent and the signer’s own name on …

112.245 Witness as beneficiary

A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate.

112.255 Validity of execution of a will; incorporation by reference

A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of: This state at the time of execution or at the time of death of the testator; The domicile of the testator at the time of execution or at the time of the testator’s death; or The place of execution at the time…

112.260 Reference in will to statement or list disposing of certain effects; admissibility; alteration

Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section. To be admissible under this sec…

112.265 Testamentary additions to trusts

A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if: The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons; The trust is identified in the testator’s will; and Th…

112.270 Procedure to establish contract to make will or devise or not to revoke will or devise

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by: Provisions of a will stating material provisions of the contract; An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or A writing signed by the decede…

112.272 In terrorem clauses valid and enforceable; exceptions

Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest. The court shall not enforce an in…

112.275 Manner of revocation or alteration exclusive

A will may be revoked or altered only as provided in ORS 112.238, 112.260 or 112.285 to 112.315.

112.285 Express revocation or alteration; partial revocation not valid

A will may be revoked or altered by another will. A will may be revoked by one or more physical acts by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction…

112.295 Revival of revoked or invalid will

If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.

112.305 Revocation by marriage; exceptions

A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless: The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage; The testator and spouse entered into a written contract before the marriage…

112.315 Revocation by divorce or annulment

Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision in the will naming the former spouse as personal representative, and the effect of the will is the same as thoug…

112.325 [1969 c.591 §46; repealed by 2015 c.387 §1]

112.335 [1969 c.591 §47; repealed by 2015 c.387 §1]

112.345 Devise of life estate

A devise of property to any person for the term of the life of the person, and after the death of the person to the heirs of the person, vests an estate or interest for life only in the devisee and remainder in the heirs.

112.355 Devise passes all interest of testator

A devise of property passes all of the interest of the testator in the property at the time of the death of the testator, unless the will evidences the intent of the testator to devise a lesser interest.

112.365 Property acquired after making will

Any property acquired by the testator after the making of a will passes pursuant to the will as if title to the property were vested in the testator at the time of making the will, unless the intent expressed in the will is clear and explicit to the contrary.

112.375 [1969 c.591 §51; repealed by 1973 c.506 §46]

112.385 Nonademption of specific devises in certain cases

In the situations and under the circumstances provided in and governed by this section, specific devises will not fail or be extinguished by the encumbrance, destruction, damage, sale, condemnation or change in form of the property specifically devised. This section is inapplicable if the intent that the devise fail under the particular circumstances appears…

112.390 [2015 c.387 §28; repealed by 2016 c.42 §7]

112.395 When estate passes to issue of devisee; anti-lapse; class gifts

When property is devised to any person who is related by blood or adoption to the testator and who dies before the testator leaving lineal descendants, the descendants take by representation the property the devisee would have taken if the devisee had survived the testator, unless otherwise provided in the will of the testator. Unless otherwise provided in t…

112.400 Effect of failure of devise

Except as provided in ORS 112.395: If a devise other than a residuary devise fails for any reason, it becomes a part of the residue. If the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the share passes to the other residuary devisee or to other residuary devisees in proportion to their inter…

112.405 Children born, adopted or conceived after execution of will; pretermitted children

As used in this section, “pretermitted child” means a child of a testator who is born, adopted, or conceived as described in ORS 112.077 (3) or (4), after the execution of the will of the testator, who is neither provided for in the will nor in any way mentioned in the will and who survives the testator. If a testator has one or more children living when th…

112.410 Effect of general disposition or residuary clause on testator’s power of appointment

A general residuary clause in a will or a will making general disposition of all of the testator’s property does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.

112.415 Persons not entitled to estate of testator

Except as otherwise expressly provided by law, a person, including a child of the testator and a descendant of that child, shall not take or be entitled to take any portion of the estate of a testator disposed of by the will of the testator other than as provided in the will.

112.425 [1969 c.591 §56; repealed by 1989 c.770 §11]

112.435 [1969 c.591 §57; repealed by 2015 c.387 §1]

EFFECT OF HOMICIDE OR ABUSE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONS

112.455 Definitions for ORS 112.455 to 112.555

As used in ORS 112.455 to 112.555: “Abuser” means a person who is convicted of a felony by reason of conduct that constitutes physical abuse as described in ORS 124.105 or financial abuse as described in ORS 124.110. “Decedent” means: A person whose life is taken by a slayer; or A person whose date of death is not later than five years after an abuser is…

112.457 Application to abuser

ORS 112.455 to 112.555 apply to an abuser only if the decedent dies within five years after the abuser is convicted of a felony by reason of conduct that constitutes physical abuse of the decedent, as described in ORS 124.105, or financial abuse of the decedent, as described in ORS 124.110.

112.465 Slayer or abuser considered to predecease decedent

Property that would have passed by reason of the death of a decedent to a person who was a slayer or an abuser of the decedent, whether by intestate succession, by will, by transfer on death deed, by trust, or otherwise, passes on death and vests as if the slayer or abuser had predeceased the decedent. Property that would have passed by reason of the death …

112.475 Jointly owned property

If a slayer of a decedent and the decedent, or an abuser of a decedent and the decedent, owned property as tenants by the entirety or with a right of survivorship, upon the death of the decedent, there exist two undivided equal interests in the property. One share passes to and is vested in the heirs or devisees of the decedent, and the other share passes to…

112.485 [1969 c.591 §61; 2005 c.270 §4; repealed by 2015 c.387 §1]

112.495 Reversions, vested remainders, contingent remainders and future interests

Property in which a slayer of a decedent, or an abuser of a decedent, owns a reversion or vested remainder subject to an estate for the lifetime of the decedent passes to the heirs or devisees of the decedent for a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death. If the particular estate …

112.505 Property appointed; powers of revocation or appointment

Property appointed by the will of the decedent to or for the benefit of a slayer of a decedent or an abuser of a decedent is distributed as if the slayer or abuser had predeceased the decedent. Property owned either presently or in remainder by a slayer of a decedent or an abuser of a decedent, subject to be divested by the exercise by the decedent of a pow…

112.515 Proceeds of insurance on life and other benefit plans of decedent

Except as provided under subsection (2) of this section, proceeds payable under any of the following instruments to or for the benefit of a slayer of a decedent or an abuser of a decedent, as beneficiary or assignee of the decedent or as beneficiary or assignee of an heir or devisee of the decedent, must be paid to the secondary beneficiary or, if there is n…

112.525 Proceeds of insurance on life of slayer or abuser

If a decedent is beneficiary or assignee of any policy or certificate of insurance on the life of a slayer of the decedent or an abuser of the decedent, the proceeds shall be paid to the personal representative of the decedent’s estate unless: The policy or certificate names some person other than the slayer or abuser, or the personal representative of the …

112.535 Payment by insurance company, financial institution, trustee or obligor; no liability

Any insurance company making payment according to the terms of its policy, or any financial institution, trustee or other person performing an obligation to a slayer of a decedent or an abuser of a decedent is not subject to liability because of ORS 112.455 to 112.555 if the payment or performance is made without written notice by a claimant of a claim arisi…

112.545 Rights of persons without notice dealing with slayer or abuser

ORS 112.455 to 112.555 do not affect the rights of any person who for value and without notice purchases or agrees to purchase property that a slayer of a decedent or an abuser of a decedent would have acquired except for ORS 112.455 to 112.555, but all proceeds received by the slayer or abuser from the sale shall be held by the slayer or abuser in trust for…

112.555 Final judgment as conclusive; evidence of felonious and intentional killing

After any right to appeal has been exhausted, a final judgment of conviction of felonious and intentional killing is conclusive for purposes of ORS 112.455 to 112.555. In the absence of a conviction of felonious and intentional killing the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of ORS…

112.570 Definitions for ORS 112.570 to 112.590

As used in ORS 112.570 to 112.590: “Co-owners with right of survivorship” means joint tenants, tenants by the entirety and any other co-owners of property or accounts that are held in a manner that entitles one or more of the owners to ownership of the whole of the property or account upon the death of one or more of the other owners. “Governing instrument…

112.572 Requirement of survival

Except as provided in ORS 112.586, if the title to property, the devolution of property, the right to elect an interest in property or the right to exempt property depends upon whether a specified person survives the death of another person, the specified person shall be deemed to have died before the other person unless it is established by clear and convin…

112.575 [Formerly 112.010; repealed by 1999 c.131 §11]

112.578 Construction of survivorship provisions in governing instruments

Except as provided in ORS 112.586, if a governing instrument contains a provision the operation of which is conditioned on whether a specified person survives the death of another person or survives another event, the specified person shall be deemed to have died before the other person or before the other event unless it is established by clear and convinci…

112.580 Co-owners with right of survivorship; requirement of survival

Except as provided in ORS 112.586, if property is held by two co-owners with right of survivorship and both co-owners are deceased, one-half of the property passes as if one co-owner had survived the second co-owner by 120 hours or more, and one-half of the property passes as if the second co-owner had survived the first co-owner by 120 hours or more, unless…

112.582 Evidence of death or status

For the purpose of establishing death under the survivorship rules established under ORS 112.570 to 112.590, death occurs when an individual has sustained irreversible cessation of circulatory and respiratory functions, or when there has been an irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death mu…

112.585 [Formerly 112.020; repealed by 1999 c.131 §11]

112.586 Exceptions

The survivorship rules established under ORS 112.570 to 112.590 do not apply in any situation in which application would result in escheat of an intestate estate to the state. The survivorship rules established under ORS 112.570 to 112.590 do not apply if a governing instrument contains language that specifically addresses the possibility of simultaneous de…

112.588 Protection of payors and other third parties

Unless a payor or other third party has received written notice of a claim under subsection (2) of this section, the payor or other third party is not liable for making a payment to, transferring property to, or conferring any other benefit on a person who appears to be entitled to the payment, property or benefit under a good faith reading of a governing in…

112.590 Protection of bona fide purchasers; personal liability of recipient

Unless the person has notice of the claim at the time the purchase, payment or delivery is made, a person who purchases property for value, or who receives payment, property or other benefit in full or partial satisfaction of a legally enforceable obligation, is not liable to another person with a claim to the payment, property or benefit by reason of the op…

112.595 [Formerly 112.030; repealed by 1999 c.131 §11]

112.605 [1969 c.591 §72; repealed by 1999 c.131 §11]

112.615 [Formerly 112.040; repealed by 1999 c.131 §11]

112.625 [Formerly 112.060; repealed by 1999 c.131 §11]

112.635 [Formerly 112.070; repealed by 1999 c.131 §11]

112.645 [Formerly 112.080; repealed by 1999 c.131 §11]

112.650 [1975 c.480 §9 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]

112.652 [1975 c.480 §2 (enacted in lieu of 112.675); 1981 c.55 §1; repealed by 2001 c.245 §19]

112.655 [1975 c.480 §3 (enacted in lieu of 112.675); 1981 c.55 §2; repealed by 2001 c.245 §19]

112.657 [1975 c.480 §4 (enacted in lieu of 112.675); 1981 c.55 §3; repealed by 2001 c.245 §19]

112.660 [1975 c.480 §5 (enacted in lieu of 112.675); 1981 c.55 §4; repealed by 2001 c.245 §19]

112.662 [1975 c.480 §6 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]

112.665 [1975 c.480 §7 (enacted in lieu of 112.675); 1981 c.55 §5; repealed by 2001 c.245 §19]

112.667 [1975 c.480 §8 (enacted in lieu of 112.675); repealed by 2001 c.245 §19]

112.675 [1969 c.591 §77; repealed by 1975 c.480 §1 (112.650 to 112.667 enacted in lieu of 112.675)]

DOWER AND CURTESY ABOLISHED

112.685 Dower and curtesy abolished

Dower and curtesy, including inchoate dower and curtesy, are abolished.

112.695 [Formerly 113.090; repealed by 2015 c.387 §1]

UNIFORM DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH ACT

112.705 Short title

ORS 112.705 to 112.775 may be cited as the Uniform Disposition of Community Property Rights at Death Act.

112.715 Application to certain property

ORS 112.705 to 112.775 apply to the disposition at death of the following property acquired by a married person: All personal property, wherever situated: Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or All or the proportionate part of that property acquired with the rents, issues, or income of,…

112.725 Rebuttable presumptions

In determining whether ORS 112.705 to 112.775 apply to specific property the following rebuttable presumptions apply: Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, pro…

112.735 One-half of property not subject to testamentary disposition or right to elect against will

Upon death of a married person, one-half of the property to which ORS 112.705 to 112.775 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition o…

112.745 Proceedings to perfect title

If the title to any property to which ORS 112.705 to 112.775 apply was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Neither the personal represen…

112.755 Who may institute proceedings

If the title to any property to which ORS 112.705 to 112.775 apply is held by the surviving spouse at the time of the decedent’s death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any pro…

112.765 Rights of purchaser

If a surviving spouse has apparent title to property to which ORS 112.705 to 112.775 apply, a purchaser for value or a lender taking a security interest in the property takes interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. If a personal representative or an heir or devisee of the decedent has…

112.775 Application and construction

ORS 112.705 to 112.775 do not affect rights of creditors with respect to property to which ORS 112.705 to 112.775 apply. ORS 112.705 to 112.775 do not prevent married persons from severing or altering their interests in property to which ORS 112.705 to 112.775 apply. ORS 112.705 to 112.775 do not authorize a person to dispose of property by will if it is h…

112.800 Definition for ORS 112.800 to 112.830

As used in ORS 112.800 to 112.830, unless the context requires otherwise, “person” means a natural person, a partnership, a corporation, a bank, a trust company and any other organization or legal entity. Note: 112.800 to 112.830 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 112 or any series therein b…

112.805 Exclusive manner of disposing of wills; destroyed will not revoked

Any person having custody of a will has a duty to maintain custody of the will and may not destroy or discard the will, disclose its contents to any person or deliver the will to any person except as authorized by the testator or as permitted by ORS 112.800 to 112.830. Nothing in ORS 112.800 to 112.830 bars a testator from destroying, revoking, delivering t…

112.810 Duties of custodian of will

Any person having custody of a will: Shall deliver the will to the testator upon demand from the testator, unless the person having custody of the will is an attorney and is entitled to retain the will pursuant to ORS 87.430; May at any time deliver the will to the testator; Upon demand from the conservator, shall deliver the will to a conservator for the…

112.815 Conditions for disposal of will

An attorney who has custody of a will may dispose of the will in accordance with ORS 112.820 if: The attorney is licensed to practice law in the State of Oregon; The will is not subject to a contract to make a will or devise or not to revoke a will or devise; and If the attorney knows the testator is deceased, at least five years have elapsed since the te…

112.820 Procedure for destruction of will; affidavit

An attorney who intends to destroy a will as authorized under ORS 112.815 must: Provide notice of the attorney’s intent to destroy the will to the testator or, if the attorney knows the testator is deceased, to the personal representative and to each successor personal representative named in the will; and Deliver the notice by mail, electronic mail, telep…

112.825 Liability for destruction of will

A person who violates any provision of ORS 112.800 to 112.830 shall be liable to any person injured by such violation for any damages sustained thereby. An attorney who destroys a will in accordance with ORS 112.800 to 112.830 shall not be liable to the testator or any other person for such destruction or disposal. Note: See note under 112.800.

112.830 Court may order delivery of will

If it appears to a court having jurisdiction of the estate of a decedent that a person has custody of a will made by the decedent, the court may issue an order requiring that person to deliver the will to the court. Note: See note under 112.800. _______________