[WSBAPT] Oregon Will and Self Proving Affidavits

[Lewis, Amy C.]

Does Oregon not accept a declaration in place of an affidavit for this purpose?  In Washington, the self-proving document can be a declaration so that a notary is not required.


Amy Lewis, Attorney
Pronouns she/her/hers

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1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Thursday, November 12, 2020 9:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

Not in the past.  But now it might be difficult to find a notary.

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Thursday, November 12, 2020 9:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

Thank you Phil, I appreciate your response.

Just for my own curiosity, is there a compelling reason to skip the affidavit at the time that a Will is signed?

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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From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of "Philip N. Jones" <pjones at duffykekel.com<mailto:pjones at duffykekel.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, November 12, 2020 at 8:54 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

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<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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)

CONFIDENTIALITY NOTICE:  THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION.  IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT.  This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited.  If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.

DISCLAIMER NOTICE:  Email communication on the internet is NOT secure.  There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.

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