Oregon probate law governs the process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the deceased’s wishes or, in the absence of a valid will, in accordance with state laws of intestacy. Here is an overview of some key aspects of Oregon probate law:

1. Initiating Probate: The probate process is initiated when a person files a petition with the probate court in the county where the deceased lived at the time of their death. The petitioner may be an executor named in the will, a beneficiary, or any interested party.
2. Validating the Will: If the deceased left a will, the court will validate it to ensure that it meets all legal requirements. Oregon law requires that a will be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals.
3. Appointing the Personal Representative: The court will appoint a personal representative (also known as an executor or administrator) to manage the estate. This person is responsible for gathering the estate’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.
4. Inventory and Appraisal: The personal representative is required to inventory the estate’s assets and have them appraised if necessary. This information is then filed with the court.
5. Paying Debts and Taxes: The personal representative must use the estate’s assets to pay any outstanding debts and taxes. In Oregon, creditors generally have four months from the date they are notified of the probate proceeding to file claims against the estate.
6. Distributing Assets: Once debts and taxes have been paid, the personal representative can distribute the remaining assets to the beneficiaries according to the terms of the will or, if there is no will, in accordance with Oregon’s laws of intestacy.
7. Closing the Estate: After all debts have been paid and assets distributed, the personal representative files a final account with the court and asks for the estate to be closed. Once the court approves the final account, the estate is officially closed.
8. Small Estates: Oregon law provides a simplified process for administering small estates, which is faster and less expensive than the regular probate process. As of my last update in September 2021, an estate may qualify as a “small estate” if the value of the deceased’s personal property is $75,000 or less, and the value of their real property is $200,000 or less.
9. Avoiding Probate: Certain assets do not need to go through probate in Oregon. These include assets held in a revocable living trust, jointly owned assets with rights of survivorship, payable-on-death accounts, and certain types of retirement accounts and life insurance policies that have designated beneficiaries.
10. Legal Support: Probate can be a complex and time-consuming process, and it may be beneficial to seek the assistance of an attorney who specializes in estate planning and probate law. An attorney can help navigate the legal requirements, prepare and file necessary documents, and provide guidance throughout the process.

Please note that laws can change, and it’s important to consult with a legal professional or check the most current Oregon statutes for the most up-to-date information.

Located in Eugene, Oregon