[WSBAPT] Oregon Will and Self Proving Affidavits

Thu Nov 12 11:47:06 PST 2020

Thank you all for your responses, that is very helpful.  

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 Jamia Burns <jamia at jamiaburnslaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, November 12, 2020 at 10:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Oregon Will and Self Proving Affidavits

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

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

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

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail / website / facebook / 

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 

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)

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.

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