Oregon Statutes 112.238 – Exception to will execution formalities; petition; notice; written objections; hearing; fee
(1) Although a writing was not executed in compliance with ORS § 112.235, the writing may be treated as if it had been executed in compliance with ORS § 112.235 if the proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute:
Terms Used In Oregon Statutes 112.238
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
(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) A writing described in subsection (1) of this section may be filed with the court for administration as the decedent’s will pursuant to ORS § 113.035. The proponent of the writing shall give notice of the filing of the petition under ORS § 113.035 to those persons identified in ORS § 113.035 (5), (7), (8) and (9). Persons receiving notice under this subsection shall have 20 days after the notice was given 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) The proponent of a writing described in subsection (1) of this section may file a petition with the court to establish the decedent’s intent that the writing was to be a partial or complete revocation of the decedent’s will or an addition to or an alteration of the decedent’s will. The proponent shall give notice of the filing to any personal representative appointed by the court, the devisees named in any will admitted to probate and those persons identified in ORS § 113.035 (5). Persons receiving notice under this subsection shall have 20 days after the notice was given 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.
(4)(a) If the court determines that clear and convincing evidence exists showing that a writing described in subsection (1) of this section 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 as the decedent’s will or otherwise acknowledges the validity and intent of the writing.
(b) A determination under this subsection does not preclude the filing of a will contest under ORS § 113.075, except that the will may not be contested on the grounds that the will was not executed in compliance with ORS § 112.235.
(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. [2015 c.387 § 29; 2016 c.42 § 17; 2019 c.165 § 32; 2021 c.390 § 1]