FastCounsel

Oregon

Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult an attorney to discuss your specific situation.

Detailed Answer

If an Oregon probate estate closed by final order still holds unclaimed assets, heirs may ask the court to reopen it under ORS 114.515. The statute allows reopening when assets surface after distribution or when the court made a material mistake. Here’s how to proceed:

1. Confirm Eligibility: Verify you are an heir or interested party under the decedent’s will or Oregon’s intestacy rules (see ORS 112.035–112.085).
2. Gather Documentation:
   • Final decree or order closing the estate.
   • Proof of your relationship (e.g., birth certificates, marriage certificates).
   • Evidence of newly discovered assets (bank statements, brokerage records).
3. Draft a Petition: Prepare a petition to reopen the estate. Include:
   • Case name and number of the closed probate.
   • A clear statement of facts showing the new asset or error.
   • A request for an order reopening the matter under ORS 114.515.
4. File the Petition: File your petition with the clerk of the circuit court that handled the original estate. Pay the required filing fee unless waived by the court.
5. Serve Notice: Serve a copy on all interested parties, including other heirs and the personal representative. Follow Oregon Rules of Civil Procedure for service requirements.
6. Attend the Hearing: The court typically schedules a hearing within weeks. Present evidence supporting your claim to the newly discovered asset or clerical error.
   • If the court finds good cause, it issues an order reopening the probate.
   • After reopening, file a supplemental accounting and proposed distribution plan.
7. Follow Up with Distribution: Once the court approves distributions, the personal representative must deliver assets to heirs. If the asset remains unclaimed, it may transfer to the Oregon Unclaimed Property Program (Unclaimed Property).

Helpful Hints

• File promptly. Oregon law does not set a fixed deadline but requires prompt action after discovery.
• Maintain clear records. Organized documentation strengthens your petition.
• Check county local rules. Some courts require specific forms or cover sheets.
• Consider a probate attorney. Even limited advice can help you navigate technical requirements.
• Use certified mail. Proof of service avoids disputes about notice delivery.