[WSBAPT] Oregon Will and Self Proving Affidavits

Thu Nov 12 10:12:43 PST 2020

This is a Washington will but its related to the string.  I just reviewed a WA will where the witnesses only signed one time.  however, the language prior to the witness’ signatures seem to do both tasks, establish that they witnessed the signing and covered the usual topic of an affidavit of the witness (sounds mind, I witnessed along with other witness etc).  the Testator may not be competent to do a new one.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Philip N. Jones 
Sent: Thursday, November 12, 2020 9:32 AM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

ORS 113.055.  An affidavit is still required.

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 Lewis, Amy C.
Sent: Thursday, November 12, 2020 9:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

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

1201 Pacific Avenue, Suite 1200| Tacoma, WA 98402
WE'RE MOVING! As of 1/1/21 we will be at: 909 A Street, Suite 600, Tacoma, WA 98402 
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com

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

(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: Thursday, November 12, 2020 9:01 AM
To: WSBA Probate & Trust Listserv <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> on behalf of "Philip N. Jones" <pjones at duffykekel.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, November 12, 2020 at 8:54 AM
To: WSBA Probate & Trust Listserv <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

(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)

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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