The probate process begins with filing a Petition which asks the court to get things going. The Petition asks the court to appoint a personal representative to handle the decedent’s estate. When someone dies with a will (this is called “testate”) their will usually names a personal representative. When someone dies without a will (this is called “intestate”) there is an order of preferences set by Oregon law – the closest relatives have highest priority, followed by more extended family, and then anybody else who is qualified and willing to serve. 

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Once the court approves of the petition and appoints a personal representative, the lawyer and personal representative work together to locate and notify interested parties. The two most common ways of doing this are called a Notice of Information to Heirs, Devisees, and Other Interested Parties; and a Notice to Interested Persons. The first is mailed to the last known address of the decedent’s heirs (relatives), devisees (anybody named in the decedent’s will, if they left one), and other interested parties (by law, this includes Oregon’s Department of Human Services, Estate Administration Unit, but it can also include other individuals and organizations).

 

There are two downsides to probate in Oregon. The first is that everything needs to go through the courts, which means mostly everything is public record. The second downside is that it can take a while. 

 

Oregon requires probate cases to advertise in a local publication for 3 consecutive weeks (this is where the Notice to Interested Persons is published). The idea is that this ad will put creditors on notice, and give them a chance to make claims against the decedent’s estate. Said another way, it gives everyone a chance to come out of the woodworks to be paid what they’re owed.

 

Once the ad is published for the first time, a 4-month clock starts for claims to be made against the decedent’s estate. Until that clock hits 4 months, courts typically will not allow the assets to be distributed.

 

In the meantime, the personal representative and attorney work together to ensure that all of the decedent’s property is identified and valued, that all creditors and possible claimants are located and/or notified, and that the decedent’s affairs are handled. 

 

• The court requires an “inventory” to be filed, which lists out all of the decedent’s property and estimates a value for the estate.

 

• The personal representative must complete tasks to ensure they have searched diligently for creditors and possible claimants.

 

• In some counties, courts require personal representatives to take an online course which teaches them the duties and powers of personal representatives.

 

• Personal representatives must handle the decedent’s income and estate taxes, usually by working with a tax professional

 

Once all valid debts and taxes are handled, the personal representative and the lawyer can ask the court for permission to distribute the decedent’s property.

 

In Oregon, attorneys are paid from the estate’s funds, and only after the court approves of the attorney’s fees.

 

Personal representatives are entitled to be paid for their services. State law sets the amount which depends on the size of the estate; in rare cases, the personal representative can be paid more than what the law provides.