For parents of minor children, a will is the single most important document you'll ever sign. Not for the assets, for the people. Here are the five reasons that matter.
Naming a guardian for your children.
Your will is the legal mechanism by which you nominate a guardian for any minor children. Without it, an Oregon judge, a person who has never met your family, will decide who raises your kids. Their decision will be informed by court rules and competing claims from relatives, not by what you actually want.
Naming a guardian in your will is your voice in that decision. It can be the same person you'd choose informally, or it can be different, what matters is that it's documented, and that you've spoken with the people you've named.
Choosing who manages your children's inheritance.
If you leave assets to a minor child without a Will or a Trust, Oregon law generally requires those assets to be held in a court-supervised conservatorship until the child turns 18. That means annual filings, court fees, and a 17-year-old receiving a lump sum on their birthday.
A Will lets you name a custodian or, better, direct the assets into a testamentary trust where a trustee you've chosen manages the funds for college, housing, and emergencies, on a schedule you set.
Avoiding default Oregon intestacy.
Without a Will, Oregon's intestacy statutes determine who inherits what. The order isn't unreasonable, but it isn't necessarily what you'd choose. Stepchildren you've raised, unmarried partners, close friends, and charities all receive nothing under intestacy, no matter how long the relationship.
Naming an executor you trust.
An executor (in Oregon, a Personal Representative) is the person who handles your estate after death, paying final bills, filing tax returns, and distributing assets. Without a Will, the court appoints one, often after a contested hearing among relatives. Naming the right person yourself, in writing, prevents that conflict.
Specific gifts and family heirlooms.
The watch, the photo albums, the cabin on the coast, a Will lets you direct specific items to specific people. Without it, those decisions get made by default, by formula, or by argument. None of those produce the outcome you'd want.
Oregon allows handwritten (holographic) wills only in narrow circumstances.
For most families, a typed and properly witnessed will is the only reliable option. We recommend a formal will signed in front of two witnesses, with a self-proving affidavit before a notary.
If you have questions about how this fits into your own plan, the right next step is a focused two-hour consultation to design your plan with a clear flat-fee quote before any work begins.