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When a person passes away, the transfer of his or her estate to heirs and beneficiaries is commonly handled through a court-supervised process known as probate. This is a legal process that has many steps that must be handled according to state law. Probate may not be necessary in some cases, such as where a trust was established to transfer the deceased person’s assets, where the deceased person owned property jointly with another, or where so few assets remain (such as only personal belongings or household items) that court supervision is not required. However, where the deceased owned assets of value, such as a home, vehicle, bank accounts, and more, the transfer requires probate.
The probate process is generally managed by an executor named in the will or by a court-appointed personal representative. If you need legal assistance or representation in handling a probate matter as either the executor or personal representative, you can turn to Oakes Law Office, PC. Our firm has assisted countless clients throughout the process in all matters pertaining to this procedure, from will contests to ensuring all steps are completed properly.
The steps involved and the time it will take to complete a probate will be based on the specifics of the particular estate, such as its size and complexity as well as court schedules. Where the deceased passed away without a will, the estate will be subject to Oregon “intestacy” laws that dictate how it will be distributed. In cases where a will exists, it must be validated by the court after which the estate will be distributed according to the instructions contained within it.
In general, probate steps include:
In some cases, litigation may be required where disputes arise pertaining to the will, its named executor, and/or its distribution. These contests can add time and expense to the process.
Not all assets are subject to probate. For example, non-probate assets can include jointly-owned real estate which passes to the surviving co-owner, retirement accounts, life insurance policies, and financial accounts set up with “payable on death” beneficiaries. Estates held in living trusts also are not subject to the probate process.
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