Probate In Oregon
Whether probate is required depends on the dollar value of the assets—not on whether someone had a Will.
Probate is a legal procedure in which the court oversees the assets of a deceased person. The court ensures that the deceased’s debts get paid and the remaining assets—maybe a house, car(s), bank accounts, investments, and/or personal belongings—get distributed to the proper heirs. In Oregon, an attorney normally is required for a probate proceeding.
Some people believe that having a Will avoids probate. Others believe that no probate is required if a person dies without a Will. Whether probate is required depends on the dollar value of the assets—not on whether someone had a Will.
In Oregon, if someone dies with a Will, probate helps ensure that the wishes of the deceased are followed. If someone dies without a Will, Oregon law will direct who inherits. Fortunately, even if someone dies without a Will after any debts are paid, their assets go to their nearest next of kin—not to the state.
The typical probate process in the state of Oregon includes the following steps:
Step 1: Getting Appointed as Personal Representative
Step 2: Notice to Heirs, Will Beneficiaries, Creditors, and the Public
Step 3: Creating an Inventory
Step 4: Due Diligence Declaration
Step 5: Accounting
Step 6: Court Permission to Distribute
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