Detailed Answer
When you discover an old will decades after its execution, Oregon law lets you admit it to probate if you prove its validity and follow court procedures. Key steps include:
- Confirm the Original Document: Locate the original will. If you only find a copy, prepare to prove the original’s terms under the lost will statute (ORS 112.235).
- Verify Proper Execution: Confirm the will meets execution requirements in ORS 112.035. Oregon requires a written will signed by the testator in the presence of two witnesses, who also sign in the testator’s presence.
- Gather Witness Affidavits: If the original witnesses are unavailable, collect affidavits or other evidence showing that the will was properly signed.
- Prepare a Petition for Probate: File a petition to admit the will to probate in the circuit court of the county where the decedent lived or owned property. Refer to ORS 113.035 for formal requirements.
- Provide Required Documents: Submit the original will, the decedent’s death certificate, all witness affidavits and any lost will proofs to the court clerk.
- Notify Heirs and Creditors: Serve notice on heirs, beneficiaries and creditors as required by ORS 113.095 and ORS 113.315.
- Obtain Letters Testamentary: After the court approves the petition, it issues letters testamentary (ORS 113.085), appointing an executor to administer the estate.
- Administer the Estate: The appointed executor gathers assets, pays debts and distributes property according to the will. Final accounting and closing follow under ORS 113.505.
Helpful Hints
- Act promptly after discovering the will to preserve evidence and witness memories.
- Keep the original will in a safe, dry place to prevent deterioration.
- Document the chain of custody from discovery to filing to support authenticity.
- Contact an estate attorney if witnesses are deceased or memories have faded.
- Review related case law for late-discovered wills to anticipate court concerns.
Disclaimer: This article provides general information about Oregon probate law. It is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.