Experienced Probate Attorneys
Helping Clients Navigate Probate In Bend & Tigard, Oregon
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.
Probate proceedings are expensive and lengthy, during which your Will becomes a public document filed with the court, requiring your Personal Representative to file an inventory of your estate with financial information. A notice will be published in a newspaper to invite creditors to make claims against your estate, and court approval is required before any transfers of your assets can be made to your heirs.
Probate is a complex field of law, and happens during a complicated and traumatic time. Our team can help.
Here is a sample of what is required in a simple probate proceeding:
- File Petition for Probate with the court (pay filing fee)
- File 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)
- Issue Letters of Administration to allow the Personal Representative to carry out the probate
- Publish 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
- 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 (estate is not closed until the Order is signed)
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 the Probate Substitutes handout below that De Alicante Law Group LLC has designed to inform you of some of those strategies.
Call our probate attorneys today for a free, in-person consultation to assess your needs and see how De Alicante Law Group can serve you.
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!