Detailed Answer
Short answer: Secure the property immediately using non‑destructive steps (locks, alarm codes, photos), document everything, avoid removing items that you are not legally authorized to take, contact law enforcement if theft is occurring, and, if necessary, ask the probate court for emergency relief such as a temporary appointment as personal representative. Oregon probate rules give a personal representative authority to collect, protect, and inventory estate assets, and the court can grant temporary authority if immediate protection of the estate is needed. See the Oregon Judicial Department’s probate resources for general procedures: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx and the Oregon Revised Statutes on probate: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.
What you can do right now (before you are appointed Administrator)
- Secure the premises without removing property: If the deceased was the sole owner or you have lawful access, change exterior door locks or have the locks rekeyed. If other people live there or have legal rights (co‑owners, tenants), do not change locks in a way that creates a confrontation—consider calling police for a civil standby.
- Preserve evidence and document condition: Take dated photos and video of every room and of high‑value items (electronics, jewelry, firearms, collections, vehicles). Note who is present and any signs of disturbance.
- Secure high‑value, easily removable items: If possible, move cash, keys, high‑value jewelry, wills, safe deposit keys, or original estate documents into a locked safe or a bank safe‑deposit box. Keep a contemporaneous written log: what you moved, when, where you put it, and who witnessed it.
- Do not distribute or throw out property: Even if family members request items, avoid informal distributions. Taking or giving away estate property before court appointment can create liability and disputes.
- Contact local law enforcement if theft is occurring: If siblings or others are removing property without permission, call police and explain the situation. Police may treat clear theft as a criminal matter. Get an incident number and a police report if one is made.
- Limit access and change security codes: Change alarm and smart‑lock codes if you control the account. If multiple people have access, consider posting a notice on the door indicating that the property is part of an estate under review (but avoid creating a confrontation).
- Create a written inventory right away: Even before appointment, write an itemized list of major assets and personal property, attach photos, and have two witnesses sign and date the list and attest to observing you make the inventory. This helps later when the court requires an official inventory.
Legal steps to get authority and prevent interference
Ultimately, the person the court appoints as personal representative (Administrator if there is no will, or Executor if there is a will) has the legal power to secure and inventory assets and to prevent waste. If there is an urgent risk of loss or removal of property, use these tools:
- File for appointment as temporary personal representative: Oregon courts can grant temporary appointment or emergency powers so someone can immediately protect estate assets. The temporary appointment gives legal authority to secure the premises, take possession of assets, and prevent removal. Check probate procedures at the Oregon Judicial Department: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx and consult the local probate clerk about emergency petitions.
- Ask the court for an injunction or order to restrain removal: The probate court can issue orders preventing interested persons from removing or disposing of estate property. You can petition the court for an emergency hearing if you can show immediate risk of loss.
- Seek law enforcement assistance for trespass or theft: If someone is on the property unlawfully or taking items, contact the police. Provide the officer with any documentation showing the decedent’s death and your relationship. A criminal report can support later civil or probate proceedings.
How to inventory property properly once you have authority
- Do a room‑by‑room inventory: List all major furniture, electronics, artwork, collections, firearms, and personal effects. Note serial numbers for electronics, VIN for vehicles, and appraised values when possible.
- Photograph and label everything: Take clear photos with timestamps if possible. Create a file that links each photo to the inventory line item.
- Get appraisals for valuables: For jewelry, art, collectibles, or real property where value is disputed, get written appraisals from qualified professionals.
- Keep chain‑of‑custody records: For any item you move to safekeeping, write who moved it, where it was stored, dates, and who witnessed the transfer. Keep receipts for any storage unit, locksmith, or movers.
- File required court inventories and accountings: Once appointed, the personal representative must follow Oregon probate rules for inventories, notices to creditors, and accountings. For forms and filing requirements see Oregon Judicial Department probate resources: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx and ORS provisions: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.
What to avoid
- Do not remove or sell estate property that you are not authorized to handle.
- Do not destroy or hide documents or property to create advantage in the future.
- Do not confront or use threats—use law enforcement or the court for protection.
When to consult an attorney
Consider talking with a probate attorney if:
- People are removing or threatening to remove assets.
- The estate contains complex assets (business interests, unusual collections, large debts).
- You need an emergency court order or temporary appointment to protect assets.
Many attorneys offer a short initial consultation to explain how to seek temporary relief and the cost of filing for appointment. A lawyer can prepare and file the necessary petition for emergency or temporary appointment on short notice.
Helpful Hints
- Keep a single master file (digital and physical) for photos, inventory lists, police reports, receipts, and correspondence.
- Make electronic backups of photos and documents and email them to yourself or a trusted third party for safekeeping.
- Get at least two independent witnesses for any inventory or transfer you make before court appointment. Witnesses should sign and date the inventory.
- If you must move valuables temporarily, use a locked container and a reputable storage facility; keep receipts and a signed transfer log.
- When speaking with siblings or other heirs, keep communications calm and in writing when possible. Texts or emails create a record; avoid heated verbal exchanges that can escalate.
- If you call police, ask for the incident number and the officer’s name; follow up by asking for a copy of any report.
- Contact the local probate court clerk early—clerks can provide procedural info and forms for emergency petitions and temporary appointment of a representative.
Disclaimer: This article is informational only and is not legal advice. Laws and procedures change. For guidance specific to your situation, consult a licensed Oregon probate attorney or contact the probate court clerk. See Oregon probate resources: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx and the Oregon Revised Statutes: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.