Legal Question in Wills and Trusts in Oregon

What makes a will legal and binding

Our mother recently passed away. She left a will signed by her attorney and witnessed by his secretary. It was not notorized. It was done in the 1960's. The Attorney and Secretary are both deceased. Is this will legal and binding? We were told we had to verify their signatures were authentic. Also, if the estate is valued under $90,000 do we still need to go into probate?


Asked on 2/11/03, 11:31 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: What makes a will legal and binding

Even when the witnesses are deceased, a will is still binding. Generally we can use an affidavit from someone familiar with the deceased's signature, who can also state that they have no knowledge of any change or revocation of the will.

In Oregon there is a mechanism for smaller estates (real estate valued under $90,000 and other assets valued under $40,000)called a "Small Estate Affidavit." This affidavit allows an estate to avoid probate in most circumstances. To determine whether this is appropriate in your mother's estate, you should consult an attorney experienced in probate matters.

Our office offers a low cost initial consultation in such matters and can help you with them.

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Answered on 2/12/03, 12:41 pm


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