2016 Oregon Probate Law Modernization

Oregon Probate Modernization

PNP Logo.png

The Oregon legislature passed SB 379-3 this year to update Oregon’s Probate statutes.  This was the outcome of several years of work by the Oregon Law Commission to modernize the Oregon’s probate laws.  Oregon enacted its current law in 1969 and changes in society and technology since then drove the changes.  The new laws go into effect on January 1, 2016 and I want to give you an overview of what is changing.  Over the coming weeks, I will post on each of the following changes:

  1. Repealed Sections.   How what has been removed effects probate in Oregon.
  2. Negative Wills.  Oregon will now allow you to disinherit someone without specifically giving the property to someone else.
  3. Issue to Generation.  Clarifies how shares are created and distributed among different generations.
  4. Disinheriting Parents.  Clarifies that parents who abandoned children will not inherit property from them if their children die.
  5. Missing Heir Search.  Adds guidance on what is a reasonable level for a diligent search.
  6. Same-sex Marriage provisions.  Cleans up and clarifies some language regarding same-sex marriage and domestic partnerships.
  7. Who can write a will in Oregon.  Clarifies who can write a will in Oregon.
  8. Will execution formalities.  Simplifies some of formalities around executing a will.
  9. Incorporation of outside materials.  Allows for the incorporation of outside materials that are referenced in the will.
  10. In terrorem clause.  Clarifies how in terrorem clauses effect will contests in Oregon.
  11. Revocation of wills by physical Acts.  Changes how wills can be revoked.
  12. Revocation by subsequent Marriage.  Adds language preventing wills from being revoked if domestic partners subsequently marry.
  13. Later acquired property.  Adds language clarifying the disposition of property acquired after the execution of a will.
  14. Pretermitted child.  Oregon adds language on how to handle the inheritance of posthumously conceived children.
  15. Slayer/Abuser inheritance.  Changes how jointly held property by decedent and the person that abused or killed them is distributed.
  16. Deduction of Lifetime Gifts.  Deals with how lifetime gifts may reduce inheritance.
  17. Proving a will.  Changes how wills can be proven in Oregon and focuses on the intent of the decedent.
  18. Disposition of Personal affects.  Allows for the reference to a list of personal items and how to distribute them.

I will add links to this list as I add posts.

Portland Probate Attorney
(503) 893-5878