2015 ORS 112.238¹
Exception to will execution formalities
  • petition
  • notice
  • written objections
  • hearing
  • fee

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This section is amended
Effective March 14, 2016
Relating to estates; creating new provisions; amending ORS 111.005, 111.015, 111.095, 111.115, 111.175, 111.185, 111.275, 112.025, 112.035, 112.045, 112.058, 112.065, 112.135, 112.145, 112.155, 112.175, 112.238, 113.005, 113.242, 114.305, 115.125 and 179.610; repealing ORS 112.390; and declaring an emergency.

(1) Although a writing was not executed in compliance with ORS 112.235 (Execution of a will), the writing may be treated as if it had been executed in compliance with ORS 112.235 (Execution of a will) if the proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute:

(a) The decedent’s will;

(b) A partial or complete revocation of the decedent’s will; or

(c) An addition to or an alteration of the decedent’s will.

(2) The proponent of the writing must file a petition with the court to establish the decedent’s intention with respect to the writing. The proponent shall provide notice of the petition to heirs, devisees under prior wills and persons interested in the estate of the decedent that would be required to be identified and set forth in a petition for the appointment of a personal representative under ORS 113.035 (Petition for appointment of personal representative and probate of will). Persons receiving notice and other interested persons shall have 20 days after service of the notice under this subsection to file written objections to the petition. The court may make a determination regarding the decedent’s intent after a hearing or on the basis of affidavits.

(3) If the court determines that clear and convincing evidence exists showing that the writing was intended by the decedent to accomplish one of the purposes set forth in subsection (1) of this section, the court shall:

(a) Prepare written findings of fact in support of the determination; and

(b) Enter a limited judgment that admits the writing for probate or otherwise acknowledges the validity and intent of the writing.

(4) A petition filed under this section must be filed within four months after the date on which the notice required by subsection (2) of this section was provided.

(5) The fee imposed and collected by the court for the filing of a petition under this section shall be in accordance with ORS 21.135 (Standard filing fee). [2015 c.387 §29]


1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.