Intestate Succession and Wills

ORS 112.820
Procedure for destruction of will

  • filing of affidavit
  • fee


An attorney authorized to destroy a will under ORS 112.815 (Conditions for disposal of will) may proceed as follows:


The attorney shall first publish a notice in a newspaper of general circulation in the county of the last-known address of the testator, if any, otherwise in the county of the principal place of business of the attorney. The notice shall state the name of the testator, the date of the will and the intent of the attorney to destroy the will if the testator does not contact the attorney within 90 days after the date of the notice.


If the testator fails to contact the attorney within 90 days after the date of the notice, the attorney may destroy the will.


Within 30 days after destruction of the will, the attorney shall file with the probate court in the county where the notice was published an affidavit stating the name of the testator, the name and relationship of each person named in the will whom the testator identified as related to the testator by blood, adoption or marriage, the date of the will, proof of the publication and the date of destruction.


The clerk of the probate court shall charge and collect the fee established under ORS 21.145 (Simple proceeding filing fee) for filing of the affidavit.


If a will has not been admitted to probate within 40 years following the death of the testator, an attorney having custody of the will may destroy the will without notice to any person or court. [1989 c.770 §§5,6; 2003 c.737 §§56,57; 2005 c.702 §§65,66,67; 2011 c.595 §29]
Note: See note under 112.800 (Definition for ORS 112.800 to 112.830).


Last accessed
Jun. 26, 2021