Probate Overview

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.