[WSBAPT] Oregon Will and Self Proving Affidavits

Thu Nov 12 10:15:43 PST 2020

I have had a will admitted when I found obituaries for the two witnesses
and presented them to the court.

Respectfully,

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
Mail: P.O. Box 29453
Bellingham, WA 98228
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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On Thu, Nov 12, 2020 at 9:25 AM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> 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*
>
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>
> 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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