Notifying Heirs and Interested Persons When Opening Probate in Oregon

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Notifying Interested Persons and Heirs When You Open Probate in Oregon

Detailed answer

This overview explains, in plain language, who you must notify and how to notify them when you start a probate case under Oregon law. It uses a simple hypothetical to illustrate the common steps. This is educational information only and not legal advice — see the disclaimer at the end.

Basic concepts (if you have zero legal knowledge)

  • Probate is the court process for supervising distribution of a deceased person’s estate and the appointment of a personal representative (executor).
  • “Heirs” are the people who inherit under Oregon intestacy law if there is no valid will; “devisees” or “beneficiaries” are people named in a will.
  • “Interested persons” generally includes heirs, devisees, claimants, and others with a legal stake in the estate.

Who must be notified

When you open a probate case in Oregon, you must provide notice to the estate’s interested persons so they know about the proceeding and can take action if needed. Typically that means:

  • All devisees named in the decedent’s will (if there is a will).
  • All heirs-at-law if the decedent died without a will (intestate heirs).
  • The surviving spouse, if any.
  • Personal representatives or alternate nominees named in the will.
  • Known creditors — usually these get a different type of notice called a creditor notice.

These are often grouped in practice as “interested persons” under Oregon probate rules. For statutory background on probate procedure, see Oregon Revised Statutes, Chapters related to probate: ORS Chapter 111 and ORS Chapter 113. For practical court forms and procedural guidance, see the Oregon Judicial Department probate pages: OJD Probate Forms & Instructions.

How notice is typically given

Oregon requires giving appropriate notice to interested persons by mail or other authorized means, and often requires publishing notice for unknown parties or creditors. The common steps are:

  • File the probate petition or opening papers with the probate court in the county where the decedent lived.
  • Mail a written notice (for example, a Notice of Probate, Notice of Appointment, or Notice to Interested Persons) to each known interested person at their last known address. Use reliable delivery (regular mail plus proof of mailing, certified mail with return receipt, or process service when required).
  • Give separate creditor notice as required by statute — this often means mailing to known creditors and publishing a creditor notice in a local newspaper so unknown creditors have an opportunity to make claims against the estate.
  • File proofs of service and publication with the court (the court needs evidence that notices were sent and published).

Typical timing and deadlines

Oregon statutes set procedural deadlines for things like filing objections, petitions, or creditor claims. Those deadlines vary by type of notice and the relief sought. Because the specific time limits depend on the type of case and the notice given, you should review the applicable statutes and the court’s instructions or ask a probate attorney. See the Oregon Probate Forms page for common forms and local court rules: OJD Probate Forms & Instructions.

Illustrative hypothetical

Hypothetical: Jane Doe died leaving a will that names her spouse and two children as beneficiaries. To open probate in Oregon:

  1. A personal representative (named in the will or nominated by family) files a petition for probate with the county probate court where Jane lived.
  2. The petitioner prepares a list of interested persons: the spouse, the two children, anyone else named in the will, and any known creditors.
  3. The petitioner mails the required notices to each interested person at their last known addresses and publishes the creditor notice if required by the court or statute.
  4. The petitioner files proof of mailing and proof of publication with the court and waits the statutory period during which heirs or creditors may file objections or claims.

That process notifies heirs and beneficiaries so they can participate in the probate if they choose.

Helpful hints

  • Start by gathering a family chart and last-known addresses — accurate mailing addresses are essential.
  • Check the will carefully to identify all named beneficiaries and alternates.
  • Use certified mail with return receipt or at least regular mail with an affidavit of mailing to create a record for the court.
  • Publish creditor notice in the decedent’s county newspaper when the statute or court requires publication; save copies of the published notice and the publisher’s affidavit.
  • Keep meticulous proof of service: signed receipts, postal tracking records, affidavits of personal service, and the filed proofs with the court.
  • Consider using the Oregon Judicial Department probate forms as a starting point: courts.oregon.gov — probate forms.
  • If some heirs live out of state, check whether additional service steps are necessary (for example, certified mail or a local process server).
  • Errors in notice can delay probate or invalidate certain deadlines — if you’re unsure, consult a probate attorney early.

Disclaimer: This information explains general Oregon probate practice and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific probate or notice requirement in your case, consult a licensed Oregon probate attorney or the probate court in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.