Overview

This FAQ explains, under Oregon law, the practical steps someone typically takes to get appointed as a limited personal representative in a small‑estate procedure so they can run a notice to creditors and (if possible) sell real property. This is general information only and not legal advice. Laws and court rules change; consult an Oregon probate attorney or the court clerk for confirmation.

Quick answer

If you want authority to notify creditors and sell a decedent’s real property in Oregon, you must first determine whether the estate qualifies for the state’s small‑estate summary procedures and whether those procedures allow the particular action (sale of real property often requires court authorization beyond a simple small‑estate affidavit). In practice the steps are:

1. Confirm small‑estate eligibility and whether sale of real property is permitted under the small‑estate tools;
2. If permitted, use the small‑estate affidavit or summary probate forms to collect assets; if not, file a petition to appoint a limited personal representative with the probate court and ask the court to grant the specific power to publish creditor notice and sell the real property;
3. Follow the court’s filing, notice, bond and timing requirements; obtain the court order giving you the sale authority; then comply with title and closing requirements when selling.

What Oregon law applies

Oregon’s statutes and court rules govern who can be appointed as a personal representative, what powers the court may grant, and how creditors must be notified. See the Oregon Revised Statutes on administration of estates and the Oregon Judicial Department’s probate resources for forms and local procedures:

• Oregon Revised Statutes (Administration of Estates): https://www.oregonlegislature.gov/bills_laws/ors/ors114.html
• Oregon Judicial Department — probate information and forms (small estates and probate forms): https://www.courts.oregon.gov/programs/probate/pages/small-estates.aspx and https://www.courts.oregon.gov/forms/Pages/probate-forms.aspx

Step‑by‑step process

1. Determine whether the estate qualifies as a “small estate” and whether selling real property is handled there

Small‑estate procedures are intended to speed collection and distribution of modest estates. The tools available (for example, small‑estate affidavit or summary procedures) commonly cover personal property and nonprobate assets, but they do not always provide an easy mechanism to sell real property. Many county courts require a formal appointment or a specific court order to convey real property. Before doing anything, review the Oregon Judicial Department materials and the applicable statute chapter linked above or ask the probate clerk which process applies in your county.

2. Gather documents you will need

• Certified copy of the decedent’s death certificate
• Original or certified copy of the will (if any)
• Title documents for the real property (deed) and any mortgage or lien information
• List of the decedent’s assets and estimated values
• Names and contact information for heirs and known creditors

3. Decide whether to use a small‑estate affidavit or to petition for appointment of a limited personal representative

Options commonly used in Oregon:

• Small‑estate affidavit or summary procedure: A noncourt collection method or simplified probate that lets certain persons collect assets without full probate. It may enable collection of cash, bank accounts, and personal property but may not authorize sale of real estate or allow full administration.
• Petition for appointment of a limited personal representative: If you need a specific, court‑granted power (for example, to publish a notice to creditors under court supervision and sell real property), file a petition with the probate court asking the judge to appoint you as a limited personal representative with the powers you request. The court will consider the petition, any objections, and the legal basis for granting the requested powers.

4. Prepare and file the proper petition and supporting documents with the probate court

When you petition for appointment of a limited personal representative, typical filings include:

• The petition or verified application stating who you are, your relationship to the decedent, why your appointment is needed, and the limited powers requested (for example, authority to publish notice to creditors and to sell a specific parcel of real property)
• A proposed order appointing you and spelling out your powers
• Any required bond or an application to waive bond (if the court allows it)
• Proof of service or a proposed method of providing notice to heirs and interested parties

Use the probate forms available from the Oregon Judicial Department where possible and check local court rules for form and filing requirements: probate forms.

5. Give required notices

The court will require notice to heirs and interested persons and may require you to run a statutory notice to creditors. Follow the court’s instructions exactly about how to publish or mail notice, what wording to use, and the length of time allowed for creditors to file claims. The court will not authorize distribution or sale until the notice requirements and any claim deadlines are satisfied or resolved.

6. Obtain the court order and exercise authority carefully

If the court appoints you and grants authority to publish creditor notice and sell the property, you must act only within the powers granted. Typical requirements before and after sale include:

• Complying with creditor notice timelines and resolving claims
• Obtaining any required court confirmation of sale if the court ordered it
• Handling proceeds per the court order — pay liens, creditor claims, and distribute remaining funds to rightful heirs
• Recording any documents necessary to transfer title at closing

Common issues and pitfalls

• Selling real property often requires more than a small‑estate affidavit. Many courts require appointment of a representative with explicit sale authority or a court order approving the sale.
• Failure to properly notify creditors can create personal liability for the representative if creditors later make valid claims.
• Heirs or beneficiaries may object to appointment or sale, which can delay or prevent authority being granted.
• Title problems, mortgages and liens must be identified and cleared or accounted for at closing.

Helpful hints

• Contact the probate clerk in the county where the decedent lived before filing — local practice and forms vary.
• Use Oregon Judicial Department probate forms where available to reduce procedural errors: probate forms.
• If selling real estate, ask the court for an order that expressly authorizes sale and directs how proceeds will be handled; an express order avoids title company concerns at closing.
• Get a title report early. Unpaid liens or recording problems will block or complicate a sale.
• Consider a short consultation with a probate attorney if heirs disagree, the title is encumbered, or the sale is contested — limited counsel can reduce errors and delays.
• Keep meticulous records: filings, notices, receipts, sale documents, distributions and communications with heirs and creditors.
• Be transparent with heirs: sharing the petition, proposed sale terms and timeline reduces surprises and objections.

Where to look for forms and more information

• Oregon Revised Statutes — administration of estates: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html
• Oregon Judicial Department — small estates and probate forms: https://www.courts.oregon.gov/programs/probate/pages/small-estates.aspx and https://www.courts.oregon.gov/forms/Pages/probate-forms.aspx

Final note and disclaimer

This article provides general information about the Oregon small‑estate process and appointment of a limited personal representative; it is not legal advice. The rules that apply to your situation depend on the facts, local court procedures, and recent statutory changes. If you need authority to publish creditor notice and sell real property, consider speaking with a probate attorney or visiting the probate clerk in the relevant Oregon county before you file any documents.