(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]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 112 - Intestate Succession and Wills
Section 112.015 - Net intestate estate; effect of exclusion by will.
Section 112.025 - Share of surviving spouse if decedent leaves descendants.
Section 112.045 - Share of others than surviving spouse.
Section 112.049 - Petition for forfeiture of parent’s share.
Section 112.058 - Preferences and presumptions in escheat proceedings.
Section 112.065 - Passage by representation.
Section 112.105 - Succession where parents not married.
Section 112.135 - When gift is an advancement; valuation of advancement.
Section 112.145 - Effect of advancement on distribution.
Section 112.175 - Adopted persons.
Section 112.232 - Uniform International Wills Act.
Section 112.235 - Execution of a will.
Section 112.255 - Validity of execution of a will; incorporation by reference.
Section 112.265 - Testamentary additions to trusts.
Section 112.272 - In terrorem clauses valid and enforceable; exceptions.
Section 112.285 - Express revocation or alteration; partial revocation not valid.
Section 112.305 - Revocation by marriage; exceptions.
Section 112.385 - Nonademption of specific devises in certain cases.
Section 112.400 - Effect of failure of devise.
Section 112.455 - Definitions for ORS 112.455 to 112.555.
Section 112.465 - Slayer or abuser considered to predecease decedent.
Section 112.475 - Jointly owned property.
Section 112.495 - Reversions, vested remainders, contingent remainders and future interests.
Section 112.505 - Property appointed; powers of revocation or appointment.
Section 112.515 - Proceeds of insurance on life and other benefit plans of decedent.
Section 112.525 - Proceeds of insurance on life of slayer or abuser.
Section 112.555 - Final judgment as conclusive; evidence of felonious and intentional killing.
Section 112.570 - Definitions for ORS 112.570 to 112.590.
Section 112.572 - Requirement of survival.
Section 112.578 - Construction of survivorship provisions in governing instruments.
Section 112.580 - Co-owners with right of survivorship; requirement of survival.
Section 112.582 - Evidence of death or status.
Section 112.588 - Protection of payors and other third parties.
Section 112.590 - Protection of bona fide purchasers; personal liability of recipient.
Section 112.715 - Application to certain property.
Section 112.725 - Rebuttable presumptions.
Section 112.765 - Rights of purchaser.
Section 112.775 - Application and construction.
Section 112.800 - Definition for ORS 112.800 to 112.830.
Section 112.805 - Exclusive manner of disposing of wills; destroyed will not revoked.
Section 112.810 - Duties of custodian of will.
Section 112.815 - Conditions for disposal of will.
Section 112.820 - Procedure for destruction of will; affidavit.