The Benefits of House Bill 2329 in Oregon

On March 21, 2023, Oregon Governor Kate Brown signed House Bill 2329 into law, authorizing notaries to notarize the signature of a principal on a document for appointment of a person to make decisions concerning disposition of remains and declaration for mental health treatment. The bill amends Sections 97.130, 127.700, 127.707, and 127.736 of the Oregon Revised Statutes and becomes effective on January 01, 2024, under Chapter 11.


The two estate planning documents at the center of House Bill 2329, a document appointing a person to direct the disposition of remains and a directive for mental health treatment, previously only required two competent adult witnesses who were not disqualified to serve as witnesses to sign the documents. However, the new law allows individuals to have their signature on these two forms notarized.

For certain individuals, remote online notarization may be a more convenient option because they may not have two witnesses who could serve, or they may not be able to travel to a physical notary's office. Remote online notaries can perform the same notarial acts as traditional notaries, but they do so using audio and visual technology to communicate with signers over the internet.
Is Online Notarization Legal in Oregon?
Answer: Yes. Remote Online Notarization is legal in Oregon counties for notaries that are commissioned for online notarization.

Oregon was the 35th state in the union to permanently enact Remote Online Notarization (RON) in June of 2021 under Senate Bill 765. The bill was signed after the temporarty House Bill 4212A temporariliy allows Remote Online Notarization. Oregon, like many states requires that notaries pass extra training and certification to perform Remote Online Notarization.

The notarial act on each of the two forms is a signature witnessing, a specific type of notarial act authorized for notaries to perform under ORS 194.215(8). With the passage of House Bill 2329, notaries can now perform signature witnessing for these estate planning documents, making it easier and more convenient for individuals to plan for their future.

If you are a notary, this new law creates exciting opportunities for your business. With the authorization of remote online notarization for estate planning documents, you can expand your customer base and offer a valuable service to individuals who need it most. By promoting your services to those in need of estate planning assistance, you can build a successful business while helping your community.

In conclusion, House Bill 2329 is a game-changer for notaries in Oregon and remote online notaries. Whether you are a traditional notary or a remote online notary, this new law allows you to perform signature witnessing for important estate planning documents. By staying up to date on the latest changes in notarial law and promoting your services to those in need, you can maximize your notary business and help individuals plan for their future with ease.


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Oregon House Bill 2329

Updated on: 01/05/2023