Probate
Helping Portland families with probate after a loved one has passed away.
Probate is the court process for gathering and valuing your loved one's assets, paying valid debts and expenses, and transferring what remains after they pass on to the people entitled to inherit. Sometimes there are assets that pass automatically— like some jointly owned property, life insurance, or accounts with a payable upon death or named beneficiary. In addition, people with less than $75,000 in assets in Oregon can qualify for a Simple Estate Affidavit (courts.oregon.gov)
Steps in a normal full probate
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File a petition with the circuit court. An interested person asks the court to open the estate and appoint a personal representative. The will, if there is one, is submitted to the court. If there is no will, Oregon’s intestacy laws generally determine the waterfall of who inherits the estate. This is as follows
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If you leave a surviving spouse and children who are all also children of that spouse, your surviving spouse generally receives the entire net intestate estate.
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But there is an important exception. If you have a surviving spouse and at least one of your descendants is not also a descendant of your surviving spouse, your spouse generally receives one-half of the net intestate estate, with the remaining portion passing to your descendants.
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If there is no surviving spouse the estate goes to your descendants.
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If you have no surviving spouse or descendants the estate goes to your parents. If your parents are gone it goes to your siblings and so on.
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Once appointed, the personal representative receives court-issued “Letters,” which provide the authority to act for the estate. Being named in a will alone does not make someone the court-appointed representative. You will need to still be named by the court.
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This is where things begin to get busy. You or an attorney must notify heirs, beneficiaries, and creditors. Required notices will go to people with an interest in the estate. Notice to creditors is published; creditors generally have four months from the first publication to present claims. (osbar.org)
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Secure and inventory estate property. The representative safeguards assets, keeps estate funds separate from personal funds, and files an inventory with estimated values—generally within 60 days of appointment. (courts.oregon.gov)
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Handle claims, expenses, and taxes. The representative reviews creditor claims, pays valid claims and estate expenses as appropriate, and files required tax returns.
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Ask to close and distribute the estate. After required notices and deadlines, the representative submits the required accounting or other closing paperwork and seeks court approval before distributing assets. Distribution follows the will, or—if there is no will—Oregon intestacy law. (courts.oregon.gov)
Is there a simpler option?
A Simple Estate Affidavit may be available if the estate’s qualifying assets are under $275,000, with no more than $200,000 in real property and no more than $75,000 in personal property. Generally, you must wait 30 days after the death to file (60 days if filing as a creditor). It is not a full probate and does not result in court-issued Letters. The Oregon Judicial Department provides the affidavit packet and eligibility instructions. (courts.oregon.gov)
How long does it take and do you need a lawyer?
Oregon court information says a full probate takes at least four months; many take six to nine months, though complexity, disputes, or asset issues can extend the timeline. Probate involves deadlines and fiduciary duties, so consulting an Oregon probate attorney is sensible—especially if there is real estate, a dispute, substantial debt, unclear title, or uncertainty about the simplified procedure. (courts.oregon.gov)
This is general information, not legal advice. The right process depends on what the person owned, how assets were titled, and whether there is a will.
Good news! We can help with probate in Oregon. Reach out anytime with questions about your situation. We offer free consultations and flat rate packages for probate so you know the cost up front as well as a time frame for how long it will take. Call us at 503-908-5457 or email Chad@AffordableEstatePNW.com. You can also schedule a free consultation online through our booking page.
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