Why Every Oregonian Over 18 Should Have a Will
Many people assume estate planning is for the wealthy or the elderly. But if you're a legal adult in Oregon—whether you're 18 or 88—you should have at least a basic estate plan. And it starts with a will.
At Track Town Law, I talk to clients who think they don’t need one because they don’t own much or “everything will just go to their spouse.” But the reality is more complicated—and often more expensive when there’s no plan in place.
Here’s why every Oregon adult should have a legally valid will.
It’s Not About Net Worth. It’s About Clarity.
You don’t need to own a home, have a stock portfolio, or run a business to need a will. If you have a bank account, a vehicle, a pet, or personal items with sentimental value, you have an estate. The real question is what happens to those things—and who’s in charge—if you don’t leave instructions.
Without a will, the Oregon intestacy statute decides who inherits your property. That means:
Your unmarried partner may get nothing
Stepchildren are excluded
Estranged family members could inherit by default
There’s no clear plan for pets or personal property
A will lets you speak clearly, even when you’re not here to explain yourself.
Wills Appoint Personal Representatives—Or the Court Will
One of the most important functions of a will is to name a personal representative (what other states call an executor). This person manages your estate: pays bills, gathers assets, files taxes, and distributes inheritances.
Without a named representative, any interested party can petition the court. That often leads to conflict or confusion—and the court may appoint someone you never would have chosen.
Your will puts the right person in charge from the start.
Guardianship for Minor Children Starts With a Will
If you have children under 18, a will is the only way to legally nominate a guardian. Without it, family members can petition the court—and the judge must decide based on home studies, testimony, and competing claims.
A will doesn’t guarantee your nomination will be honored, but in Oregon, it carries significant weight. And it gives the court clear guidance in a difficult moment.
Wills Can Create Trusts—Even After Death
Even a basic will can include testamentary trusts—instructions to hold assets in trust for a child, grandchild, or vulnerable heir. You can set an age (for example, 30 instead of 18), limit how funds are used, or appoint a trustee to manage distributions over time.
This avoids the “18th birthday windfall” problem and ensures your hard-earned assets don’t evaporate in a few impulsive decisions.
Oregon Probate Law Makes It Even More Important
In Oregon, probate is required for most estates unless assets are passed through a trust, beneficiary designations, or other probate-avoidance tools. A properly executed will simplifies the probate process—and reduces the risk of disputes.
And while Oregon law offers a small estate affidavit for estates under $275,000, that shortcut still requires clear documentation. A will strengthens your legal position and helps the process go smoothly.
The Execution Details Matter
Oregon law has strict requirements for will validity. To make a legally enforceable will, you must:
Be at least 18 years old and of sound mind
Sign the document in the conscious presence of two disinterested witnesses
Ensure the witnesses also sign in your presence
No notary is required in Oregon, but a self-proving affidavit can speed up court validation. At Track Town Law, we supervise the signing process and make sure all formalities are satisfied—because simple mistakes can lead to the entire will being thrown out.
Don’t Rely on DIY Documents or Verbal Wishes
Online forms and DIY templates often don’t comply with Oregon law, especially when it comes to witness requirements, trust clauses, or estate tax considerations. Worse, they can give a false sense of security until the documents are tested—and fail—after death.
Verbal wishes carry no legal weight. If you want your estate to be handled your way, it needs to be in writing, signed, and properly witnessed.
Final Thought: A Will Is a Gift
Estate planning isn’t about wealth. It’s about stewardship. A clear, enforceable will spares your family from unnecessary stress, delays, and legal costs—and gives them confidence that they’re carrying out your wishes.
You don’t need a complicated trust or multi-layered strategy to start. You just need to make sure your most important decisions are written down and legally valid.
A flat-fee estate plan from Track Town Law includes a will, power of attorney, and advance directive—everything you need to create a basic yet effective plan tailored to Oregon law.
You can schedule your free consultation here. Let’s get this off your to-do list—for good.
