Probate Attorneys Serving Bend, Oregon
Find Help Navigating Probate in Central Oregon
If you’re being tasked with navigating probate proceedings and are looking for support and guidance, we’d first like to offer our sincere condolences. Probate is a complex field of law and happens during a complicated and traumatic time. The compassionate probate team at De Alicante Law Group can help educate you on the intricacies of this process and help take much of the load that comes with managing an estate after a loved one passes away.
What is Probate & Where Do I Start?
What is Probate & Where Do I Start?Probate is a formal, expensive, and public court proceeding required to administer an estate when a person dies with assets held in their name. Contrary to what many think, a Will does not keep you out of probate – it is your ticket to that process. Tony De Alicante has years of experience managing the probate process for his clients. Learn more about Tony’s credentials and background today.
Do You Need a Probate Attorney in Central Oregon?
De Alicante Law Group’s experience in probate law will ensure the process is smooth and that you can rest easy knowing that your family’s estate is in good, caring hands during one of the most trying times in your life.
Tony can help assist you during this process, making things easier for everyone involved in getting the estate settled so that your family can grieve and move forward with minimal complications or worries. His experience in estate planning, trusts, business, and taxes gives De Alicante unique insights into every facet of probate law you may face.
Here is a sample of what a probate attorney can help you with:
- File Petition for Probate with the court (pay filing fee)
- File a Will and Death Certificate with the court
- Pay for a bond based on the value of the estate (unless there is a Will that waives a bond)
- Provide the Court with all information required to issue Letters of Administration to allow the Personal Representative to carry out the requirements of probate
- Publish a notice in a newspaper of general circulation, three times (requires payment)
- Wait four months from publication for creditors to make claims
- Notify heirs, creditors, interested parties, and the State of Oregon of the probate proceeding
- Compile an inventory of assets, assign values, file with the court
- Allow, pay, deny or contest (litigate) creditor claims
- New creditor claims are cut off four months after newspaper publication
- File annual and final accountings (requires filing fee)
- Lawyer petitions for fees and costs
- Ask the court’s permission to distribute assets and approve settlements
- File a Limited Judgment asking the court to allow distribution of assets (requires filing fee)
- Make allowed distributions of assets, get receipts from beneficiaries
- File receipts with the court to account for asset distribution
- File an Order with the court to close the estate (the estate is not closed until the Order is signed)
Do I have to go through probate?
There are different kinds of probate, alternatives to probate, and ways to avoid probate altogether. Without proper planning, your estate may have to go through multiple probates in multiple states. Don’t let that happen. Contact De Alicante Law Group today to find out how they can offer experience and insight into your unique situation.
Not everything has to go through probate, even if it is not held in a trust. There are ways to keep parts of your estate from having to go through probate, even if you don’t have an estate plan. In addition, there are limited methods to get at least part of your estate to your family without a probate proceeding. See our Probate Substitutes handout below to learn more about De Alicante Law Group’s tactics.
Call our probate attorneys today for an in-person consultation to assess your needs and see how De Alicante Law Group can serve you. Our firm also provides tax counsel, learn more today!
Free Estate Planning Seminars
De Alicante Law Group offers free estate planning seminars, where we seek to educate clients on the basics of getting started planning their estate. See the schedule and sign up for one today!
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Frequently Asked Questions About Probate
What are typical attorney fees for probate?
Probate fees are charged on an hourly basis and have to be approved by a Court before the fees and any costs (filing and publication fees, etc.) are paid.
Should I hire a probate attorney?
Loss is a trying time for anyone, and grief can be overwhelming at times. Probate attorneys ensure the intent of the estate plan and Will are carried out accurately and efficiently, taking some of the work off your shoulders. Probate is also a very paperwork intensive process and is governed by statutes that are not intuitive to a person who is not familiar with probate requirements.
What does a probate lawyer do for you?
Probate lawyers help you navigate the intricacies of the probate process, including filing petitions, notifying heirs, creditors, state offices and interested parties, filing orders, and much more. In short, we handle the requirements of the probate statutes so you don’t have to manage probate on top of everything else.
What is the difference between a probate lawyer and an estate lawyer?
A probate attorney helps manage the probate process after a person passes, while an estate planning attorney helps a living person plan for their future as well as manage their estate after their passing. At De Alicante Law Group, we are proud to provide both services to create and execute comprehensive plans to protect your legacy and to manage your estate pursuant to your wishes after you’re gone..
What can I expect from a probate attorney?
At De Alicante Law Group, we have the expertise and compassion to guide you through every facet of the estate planning process, including probate. You can expect us to provide expert advice, guidance and service while keeping you informed along the way.
How long after a person dies do you have to probate the will?
Typically, a will goes through probate within a year from a person’s passing, although some estates have started much later. As debts have to be paid and property should be passed on to heirs as soon as possible, probate should be started as soon as possible after a person’s passing.