Probate is the court process to transfer assets of ato the named beneficiaries under a will or via if the decedent did not execute a will. Intestate succession is the statutorily defined default order of beneficiaries
If the assets requiring a probate exceed $200,000 for real property or $75,000 for cash assets and personal property, or the original will is missing, then a full probate is needed. Whereas the small estate affidavit process can be done relatively quickly, the full probate takes approximately 7-9 months.
If the decedent had a will naming a, that individual has preference to serve as personal representative. If the decedent did not have a will, then Oregon law defines the order of preference. Once appointed, the court issues Letters Testamentary (if there was a will) or Letters of Administration (if there was not a will). This important document allows the personal representative to conduct business on behalf of the estate.
One of the first duties of the personal representative is to provide required notices as set out in the statute. The personal representative must provide notices to, , the Oregon Department of Human Services, the Oregon Health Authority, and known creditors (e.g. Interested Persons). Notice must be published for three consecutive weeks with the first date of publication starting the four-month creditor waiting period. This gives creditors a chance to file claims against the . During this time, the personal representative continues to administer the estate, file additional documents with the court, including the inventory, and prepare any real property for sale. At the end of the waiting period, documents are filed with the court requesting a distribution in accordance with the decedent’s will or intestate succession if there is not a will.
Julia works closely with clients to timely file the legal documents with the court, provide the requisite notices, and meet the statutory deadlines. Her training, experience, and caring nature provide the necessary expertise for the probate process. Julia is happy to answer any questions you may have regarding probates in Oregon.