1. (1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities:

   1. (a) The testator, in the presence of each of the witnesses, shall:

      1. (A) Sign the will;
      2. (B) Direct one of the witnesses or some other person to sign the name of the testator and the signer’s own name on the will; or
      3. (C) Acknowledge the signature previously made on the will by the testator or at the testator’s direction.

   2. (b) At least two witnesses shall each:

      1. (A)

         1. (i) See the testator sign the will;
         2. (ii) Hear the testator acknowledge the signature on the will; or
         3. (iii) Hear or observe the testator direct some other person to sign the name of the testator; and
      2. (B) Attest the will by signing the witness’ name to the will within a reasonable time before the testator’s death.
2. (2) The signature by a witness on an affidavit executed contemporaneously with execution of a will is considered a signature by the witness on the will in compliance with subsection (1)(b)(A)(iii) of this section if necessary to prove the will was duly executed in compliance with this section.
3. (3) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section.
4. (4) As used in this section and ORS 112.238, “writing” does not include an electronic record, document or image.

Note: Section 6 (2), chapter 34, Oregon Laws 2025, provides:

Sec. 6. (2) Notwithstanding section 36, chapter 387, Oregon Laws 2015, the amendments to ORS 112.235 and 112.238 by sections 3 and 4 of this 2025 Act apply to a writing executed before, on or after the effective date of this 2025 Act [January 1, 2026], if the writing was executed by or at the direction of a decedent dying on or after the effective date of this 2025 Act. [2025 c.34 §6(2)]

[1969 c.591 §37; 1973 c.506 §7; 1981 c.481 §4; 2015 c.387 §11; 2025 c.34 §3]