Oregon Statutes 112.820 – Procedure for destruction of will; affidavit
(1) An attorney who intends to destroy a will as authorized under ORS § 112.815 must:
Terms Used In Oregon Statutes 112.820
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testator: A male person who leaves a will at death.
(a) Provide notice of the attorney’s intent to destroy the will to the testator or, if the attorney knows the testator is deceased, to the personal representative and to each successor personal representative named in the will; and
(b) Deliver the notice by mail, electronic mail, telephone and any other method reasonably calculated to convey the notice to the mailing addresses, electronic mail addresses and telephone numbers known to the attorney or reasonably ascertainable through public records or other searches.
(2) The notice under subsection (1) of this section must state the name of the testator, the date of the will and the intent of the attorney to destroy the will if, within 90 days after the date of the notice, the testator does not contact the attorney or, if the testator is deceased, the personal representative and each successor personal representative fail to accept delivery of the will.
(3) If the testator fails to contact the attorney within 90 days after the date of the notice or, if the testator is deceased, the personal representative and any successor personal representative fail to accept delivery of the will within 90 days of the date of the notice, the attorney may destroy the will.
(4)(a) At the time the attorney destroys a will under this section, the attorney shall sign an affidavit affirming:
(A) That despite diligent inquiry, the attorney was unable to locate the testator or, if the testator is deceased, that the attorney has knowledge of the testator’s death and, despite diligent inquiry, the attorney was unable to locate the personal representative and successor personal representatives named in the testator’s will or, if the attorney was able to locate the personal representative or any successor personal representative, that none would accept delivery of the will;
(B) That the attorney has created a complete digital copy of the testator’s will, including any affidavit of attesting witnesses and codicils to the will; and
(C) That the attorney will retain a digital copy of the affidavit, the testator’s will and any affidavit of attesting witnesses and codicils to the will for a period of no fewer than 20 years from the date of the affidavit.
(b) The affidavit must include documentation of the attorney’s diligent efforts to provide notice to the testator or, if the attorney knows the testator is deceased, the personal representative and successor personal representatives, including but not limited to public records search results, the addresses, electronic mail addresses, telephone numbers or any other methods of contact the attorney used to provide notice of the attorney’s intent to destroy the will, a copy of the notice and any other documentation of the attorney’s attempts to provide notice to the testator or, if the testator is deceased, to the personal representative and successor personal representatives.
(c) No earlier than 20 years following the date of the affidavit, the attorney may destroy the electronic copies of the affidavit and the will and any affidavit of attesting witnesses or codicils to the will without notice of the destruction 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; 2021 c.272 § 11]
See note under 112.800.