I have a will, will my estate avoid probate after my death?

No. In fact, a will must go through the probate process to be validated by the court before any assets governed by the will can be legally transferred to your beneficiaries.

What happens if I die without a will?

If you die without a will, this is called dying intestate. In that case, state law (in Oregon or whichever state you live in) will determine how your assets are distributed.

What happens if I become incapacited without a plan in place?

Without a Power of Attorney or Advance Directive in place, it is likely that someone will have to go to court to be appointed as your conservator and guardian to manage your financial and medical affairs.

Will my estate have to pay estate taxes?

It depends on many factors. Whether you will have to pay estate taxes depends on the total value of your estate and where you live. An individual who lived and died in Oregon, as of 2025, may be exempt from the federal estate tax if their total estate was less than $13.61 million dollars and may be exempt from the Oregon state tax if their total estate was less than $1 million dollars.

How often should I update my estate plan?

You should review and potentially update your estate plan every 3 to 5 years, or sooner if you experience significant life or legal change such as marriage, divorce, birth or adoption of a child or grandchild, death or incapacity of a loved one, a child reaching adulthood, or moving to a different state.