Life insurance and retirement accounts are contractual documents. This means that if you die, any jointly owned property passes automatically to your surviving spouse, regardless of what your will says. Many spouses own real estate, bank accounts, stocks and bonds, and other types of property as husband and wife with the right of survivorship. Joint accounts, life insurance and retirement accounts usually do not have to go through the probate process, but they are not a complete will substitute, because they only control the distribution of those accounts. Whether your property needs to go through probate is determined by the value of the property and how that property is titled, not whether you have a will.Ĭan joint accounts substitute for a will? No, but having a will can reduce the cost of probate and the burden to your friends and family. Having a lawyer draft your will gives you the assurance that your voice will be heard regarding how you want your children to be cared for and how you want your property to be distributed. A lawyer can give you good advice on how the will should be prepared and executed. It often prevents disputes among your relatives.Ī will is an important legal document that can have a significant impact on your family. It lets your wishes be heard regarding the care of minor and disabled children. It is important to make sure that all of Oregon’s legal formalities are carefully observed.Ī will allows you to decide who will manage your money and other property after you die, and how it will be distributed. Some people cannot serve as witnesses to your will. Your will must be in writing and must be signed by you and two witnesses. If you are married or emancipated, you can make a will before you turn 18. In Oregon, you must be at least 18 years old and of sound mind to make a will. A will is a set of instructions that explains how you want your property distributed after your death.