Oregon Probate

When Is Probate Required?

Probate is generally required when a person dies owning assets in their name alone, without a beneficiary designation or joint ownership with rights of survivorship. Examples include:

• Real estate titled solely in the decedent’s name

• Bank or investment accounts without a payable-on-death beneficiary

• Personal property, such as vehicles, jewelry, or collectibles, held individually

Some assets pass outside of probate, including those held in a trust, assets with designated beneficiaries (like retirement accounts or life insurance), and jointly owned property.

Key Steps in the Oregon Probate Process

1. Filing the Petition:
   The process begins by filing a petition with the probate court requesting the appointment of a personal representative (also called an executor). If the decedent left a valid Will, it is submitted to the court at this time. If there is no Will, Oregon’s intestacy laws govern the distribution of the estate.

2. Appointment of Personal Representative:
   Once appointed by the court, the personal representative receives “Letters Testamentary” (or “Letters of Administration,” in intestate cases), which give them legal authority to act on behalf of the estate.

3. Notifying Heirs and Creditors:
   The personal representative must notify heirs, beneficiaries, and known creditors. A notice to unknown creditors is also published in a local newspaper to allow them the opportunity to file claims.

4. Inventory and Appraisal:
   The personal representative is responsible for locating and taking control of the decedent’s assets. They must prepare and file an inventory listing all assets of the estate, along with estimated values.

5. Paying Debts and Expenses:
   The estate is used to pay the decedent’s outstanding debts, final expenses, taxes, and any valid creditor claims. If necessary, the personal representative may need to liquidate certain assets to cover expenses.

6. Handling Taxes:
   The personal representative may be responsible for filing the decedent’s final income tax returns, as well as any applicable estate tax returns. Oregon has its own state estate tax, which may apply if the estate exceeds a certain value (currently $1 million).

7. Distributing the Estate:
   Once all debts and expenses are paid, the remaining assets are distributed to beneficiaries according to the Will, or under Oregon’s intestate succession laws if there is no Will.

8. Closing the Estate:
   The final step is filing a final accounting with the court and requesting approval to close the estate. Once approved, the court issues an order discharging the personal representative and officially closing the probate matter.

How Long Does Probate Take in Oregon?

Probate in Oregon typically takes 9 to 12 months, but it can take longer if:

• There are disputes among heirs or beneficiaries

• Tax issues arise

• There are complications with locating or valuing assets

The minimum time required to keep probate open in Oregon is four months, due to the required creditor notice period.