Probate

Estate Administration

Admitting Wills to Court 

Intestate Succession

Will Contests 

Probate Litigation 

Transferring Title 

What is Probate?

It is a public legal process through the Probate Court for administration of the estate of a deceased person. Probate administration resolves all claims against the decedent and distributes their remaining property under that person’s validly executed will, or by Intestate Succession under Oregon law. 

The Role of the Probate Court

1. Decides the validity of a deceased person's will; 

2. Interprets the testamentary instructions of the decedent;

3. Approves the personal representative; and 

4. Decides the interests of heirs and other parties who may have claims against the estate. 

Duties of the Personal Representative (Executor)

• Duty to Discover & Protect Assets 

  1. Locate and appraise all the assets of the deceased and create an estimated value of the estate. 

• Duty to Notify Interested Parties

  1. Notify all heirs and beneficiaries of the appointment of a Personal Representative; 

  2. Alert state and federal agencies of the deceased's passing; 

  3. Notify all creditors that can be ascertained by reasonable efforts with actual notice, and provide constructive notice to alert any unknown creditors; 

• Duty to Pay Debts, Obligations & Taxes

  1. Continue to pay the bills and support obligations of the deceased. 

  2. Handling the estate tax and filing deceased's final income tax return. 

• Duty to Distribute Assets & Close the Estate 

  1. Once the court approves the final accounting of the estate, the Personal Representative oversees the distribution of the assets to their intended recipients. 

• Duty of Loyalty 

  1. The Personal Representative has an obligation to act solely in the estate's best interest and remain impartial between beneficiaries.