Oregon Probate Process for Individual Estates
Initiating Probate & Letters Testamentary: File a petition to become the personal representative (executor) of the deceased’s estate. Upon approval, the court grants “letters testamentary,” allowing you to manage the estate’s affairs.
Notices: After getting the letters testamentary:
Publish a notice in a newspaper to inform potential creditors of their rights to claim against the estate.
Even with no known creditors, this notice is mandatory. Claims must be filed within four months, with some exceptions.
Seeking Unknown Creditors: You must proactively search for unidentified creditors. A checklist will be provided to guide this, which, with an affidavit, will later be filed in court.
Heirs & Beneficiaries Notification: Send notices to heirs and beneficiaries about your appointment and estate details. Both this and the creditor notice are legally required.
Inventory: Within 60 days, file an inventory of assets owned solely by the deceased at their death time, detailing asset types and their values.
Non-probate Assets: Inform us about non-probate property (e.g., life insurance or survivorship property) even if they aren’t included in the inventory.
Responsibilities as Personal Representative: You’re tasked with:
Valuables: Secure items like jewelry and securities in an estate-named safe deposit box.
Bank Accounts: Close the deceased’s accounts, open new estate accounts, and manage all estate funds without commingling them with personal funds.
Securities: Ascertain security types and ownership.
Real Estate: Secure any unoccupied properties and inform us about all related documents.
Ownership: Provide documents that indicate the ownership of assets to ensure proper transition.
Insurance Matters:
Casualty Insurance: Share details about the decedent’s casualty insurance so adjustments can be made if needed.
Liability Insurance: Consider a public liability insurance policy for protection.
Estate Property Management: If required, sell or rent estate property, but always consult us before any probate property sale.
Tax Returns: The estate might have to file federal and state tax returns and possibly an estate tax return. Hire a CPA to assist and keep us informed.
Estate Distribution: After addressing taxes and creditors, file an accounting report with the court, and then distribute the assets upon court approval.
Concluding: Once everything is settled, we’ll request the court to discharge you as personal representative, marking the estate’s closure.
Typically, if there are no complications, the entire process takes around six months from when you’re appointed as the personal representative. Ensure all estate cash remains in the estate’s account and never mix it with personal funds.
Located inĀ Eugene, Oregon