[WSBAPT] Oregon Will and Self Proving Affidavits

[Brent Williams-Ruth]

When I have a Will without an affidavit (not necessarily pertaining to an
out of state Will), I will expand a reasonable effort to try and locate the
witnesses and obtain a notarized affidavit at that time. If, after
reasonable effort that is detailed in the petition, I will simply ask the
Court to admit the Will.  I have not (yet) been denied an order seeking
admission of a Will when I have done this.   Most recently performed for a
Will signed July 1, 1976 - no affidavit. Witnesses have passed (found death
notice from Seattle Times archive). Advised the Court of the same, Will was
admitted.

Best of luck!!!

*Brent Williams-Ruth*  (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.Williams-RuthLaw.com/> / facebook
<http://www.facebook.com/bwrconsults> /

*As of July 1, 2019 - I began operating as the Law Offices of Brent
Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com
<http://www.Williams-RuthLaw.com> *


On Thu, Nov 12, 2020 at 9:09 AM Philip N. Jones <pjones at duffykekel.com>
wrote:

> Oregon law does not require an affidavit in order for the will to be
> valid, but it generally does require an affidavit in order to admit the
> will to probate.  There are some ways to get the will admitted without the
> affidavit, but 99% of the time an affidavit is used.
>
> Phil Jones
>
> Portland, OR
>
>
>
> Philip N. Jones
>
> Duffy Kekel LLP
>
> 900 S.W. Fifth Ave. Suite 2500
>
> Portland, OR 97204
>
> pjones at duffykekel.com
>
> (503) 226-1371 – office
>
> (503) 853-1482 – cell
>
> (503) 226-3574 - fax
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jennifer Johnson
> *Sent:* Wednesday, November 11, 2020 1:53 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Oregon Will and Self Proving Affidavits
>
>
>
> Hello all,
>
>
>
> Deceased has a Last Will and Testament that was prepared by a Portland,
> Oregon attorney in 1996.  For the last two years, the deceased was living
> in Washington state so the Will is going to be probated in Washington.  The
> Will has two witness signatures, but no self-proving affidavit.  It doesn’t
> look like Oregon law requires one, but I figured I better check with the
> experts on this listserv about that.
>
>
>
> If it isn’t required, is there some additional language I should be
> putting in my petition about that?
>
>
>
> Thank you,
>
>
>
> Jennifer
>
>
>
> *Jennifer M. Johnson*
>
> Attorney
>
> Hanigan Law Office, PS
>
> PO Box 39 - 68 Main Street
>
> Cathlamet, WA 98612
>
> (360) 795-3494
>
> (360) 795-3001 (f)
>
>
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