If you are considering challenging the validity of a will in the state of Oregon, it is important to understand the laws and procedures involved in the probate process. In Oregon, a will must be in writing and signed by the testator (the person who made the will) in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator and each other.
If you believe that a will does not meet these requirements, or if you suspect that the will was not signed voluntarily by the testator, you may have grounds to challenge its validity.
To challenge a will in Oregon, you must file a petition with the probate court in the county where the testator lived at the time of their death. The petition must include your reasons for challenging the will, as well as any evidence you have to support your claim.
The court will then hold a hearing, where you and any other interested parties can present your arguments and evidence. The judge will decide whether the will is valid based on the evidence presented.
If the will is deemed invalid, the court will follow the state’s laws of intestacy to distribute the testator’s assets. This means that the assets will be distributed to the testator’s heirs according to a predetermined order of priority, rather than according to the instructions in the will.
It is important to note that challenging a will can be a complicated and time-consuming process. If you are considering challenging a will in Oregon, it is in your best interest to consult with a probate attorney in Salem, OR who can advise you on the best course of action. A probate attorney can also represent you in court and help ensure that your rights are protected throughout the process.
If you have questions about challenging a will, or believe that you need to begin the process, contact Soriano Law today. We represent individuals and families in will contests and ensure that clients’ rights are protected. Call us today to schedule a consultation.