probate

What is probate?

Probate is the court supervised process of wrapping up a deceased person’s financial affairs and distributing their assets.

Only certain types of assets go through probate. For example, assets that pass by beneficiary designation, assets that are owned jointly with another person, and assets held inside of a trust are generally not probate assets.

If a deceased person’s probate estate is small enough in value, the estate may qualify for a small estate proceeding. Find out more about small estate proceedings.

how does probate work in oregon?

(1) The probate process begins with the filing of a petition and the deceased person’s Will, if they had one, with the court by a person asking the court to be appointed the personal representative of the estate. The personal representative is the person who is authorized to deal with all facets of the deceased person’s estate. (In some states this position is called the “executor.”) The person asking the court to be appointed personal representative is called the petitioner.

(2) If the court approves the petition, a judge will sign what is called a “limited judgment.” The limited judgment officially appoints the petitioner as personal representative. The court will then issue what are called either “letters testamentary” (if the deceased person had a Will) or “letters of administration” (if the deceased person died without a Will). Letters of administration/ letters testamentary are a one page document that give the personal representative legal authority to manage the estate.

(3) After the personal representative is appointed, they must publish notice in a newspaper about the probate proceeding. They must also give heirs and devisees of the estate notice about the probate proceeding. The personal representative must":

(a) find and gather the deceased person’s assets;

(b) pay the deceased person’s creditors;

(c) file any necessary tax returns; and

(d) take care of any other issues related to the estate, such as selling the deceased person’s house, wrapping up the deceased person’s business interests, selling the deceased person’s vehicles, if necessary.

(4) Once the personal representative has taken care of all of the tasks required by the court, the personal representative must file an accounting with the court. The accounting details all the tasks the personal representative has completed and the money that has come in and out of the estate. In the accounting, the personal representative asks the court for approval to distribute any remaining estate assets.

If the court approves the actions of the personal representative, a judge will sign what is called a general judgment, giving the personal representative permission to distribute the remaining estate assets to the beneficiaries.

(5) After the personal representative has distributed all of the assets of the estate, they will ask the court to sign what is called a supplemental judgment, discharging the personal representative of their duties and closing the estate.

how long does the probate process take?

The length of time a probate takes depends on the complexity of the estate, the assets involved, and whether any party has an objection in the probate proceeding. In Oregon, a simple probate that does not involve any complex assets and does not involve any disagreements between beneficiaries, usually takes between 6 - 9 months. A more complex probate or a probate that involved disagreements can take longer.

I can represent you as personal representative of a deceased person’s estate and guide you through the probate process. I will help to make sure that you follow all applicable laws, that you meet all court deadlines, and give you legal advice for any issues that come up during the probate proceeding.

I can represent you as a beneficiary of an estate if you have questions or concerns about your rights.