Probate involves the legal process by which the estate of a person who died is administered. If you’re directly or indirectly involved in the probating of an estate, you’ll want to see us at the Barbur Law Office in Milwaukie Oregon to discuss your questions.
To start probating an estate, a petition to do so must be filed with the probate court. If the person died with a will, that will must accompany the petition. A person who died with a will is said to have died testate. When a person dies without a will, he or she is said to have died intestate. When a person dies intestate, the Oregon law of intestate succession determines how the estate’s assets will be distributed.
Petitioning to probate a will
The petition to probate a will asks the judge who probates estates to appoint a personal representative for the deceased person, and that he or she order letters of administration to issue. The letters of administration permit the personal representative to conduct the business of the estate. Once letters of office issue to the personal representative, he or she has 60 days from that date to file an inventory of the estate with the court.
The personal representative’s bond
When a will is being probated, there are times that the personal administrator is required to be bonded. In those cases, letters of administration won’t issue until such time as the personal representative has obtained the requisite bond.
The claims period
Oregon has set a four month period for filing of any claims against a decedent’s estate by creditors. Legal notice of the death, opening of the estate and contact information for the personal representative must be published in a local newspaper and mailed to all heirs and people who take under the will. During the four month claim period, creditors can contact the personal representative about any alleged debts of the decedent. If the personal representative disputes a debt, a hearing on the alleged debt can be set before the judge who probates estates.
Closing the estate
When an estate is closed, an accounting of its inventory is required to be filed. Any objections to the accounting must be filed within 20 days of the filing date. Upon the court’s approval of the final accounting, distribution of the estate is allowed.
You can contact our office in Milwaukie Oregon about probating a testate or intestate estate. Probating an estate involves a detailed and tedious process. When you see what you’re facing, you’ll know that you’ll be best served by retaining an experienced probate attorney from the Barbur Law Office.