Detailed Answer
Locating an original will or codicil before opening probate helps ensure a smooth process. In Oregon, you can follow these steps:
1. Review the Decedent’s Personal Records
Ask family members where the decedent kept important documents—home safes, file cabinets, or personal safes. Look for written instructions or notes left by the decedent.
2. Consult the Decedent’s Attorney or Law Firm
Oregon attorneys often store original wills or codicils securely. Contact law firms that represented the decedent to see if they hold the original documents.
3. Check Safe Deposit Boxes and Banks
Under ORS 112.165, a personal representative may gain access to a decedent’s safe deposit box with a court order and death certificate (ORS 112.165).
4. Search for Voluntary Will Filings with the County Clerk
Oregon Revised Statutes allow voluntary filing of wills with any county clerk under ORS 112.121. Visit the clerk’s office in the county where the decedent lived to check for a filing (ORS 112.121).
5. Review Court Records for Deposited Wills
Under ORS 116.185, a testator may deposit a will with the probate court or county clerk for safekeeping. Check the probate court’s records in the relevant county (ORS 116.185).
6. Verify Authenticity
Once you find a document, confirm its authenticity by:
- Comparing the signature on the document with known signatures of the decedent.
- Reviewing witness or notary acknowledgments.
- Checking for a self-proving affidavit under ORS 112.215, which allows admission without live witness testimony (ORS 112.215).
- Consulting a probate attorney for a professional evaluation.
Helpful Hints
- Create a checklist of likely locations and contacts before you begin.
- Ask family members to help inventory and label any documents found.
- Bring a certified copy of the death certificate when requesting access to safe deposit boxes.
- Call the county clerk’s office or check its website to confirm filing procedures.
- Keep copies of all correspondence, subpoenas, and court orders.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney before taking legal action.