Detailed Answer

When a decedent’s real property sells during probate in Oregon, heirs typically need to sign specific authorization forms to approve the sale and direct distribution of the net proceeds. These forms ensure that the personal representative has clear, documented consent and that heirs receive their share lawfully. Below is an overview of the primary forms and statutory requirements under Oregon law.

1. Consent to Sale of Real Property

Under ORS 116.081, a personal representative must obtain court authority before selling real property. If heirs agree to the sale terms, they sign a Consent to Sale of Real Property form. This document:

• Identifies the decedent’s estate and property description.
• States the agreed sale price and buyer’s name.
• Confirms each heir’s written consent to the sale.

Link: ORS 116.081

2. Waiver of Notice or Citation

If heirs want to expedite the sale, they may sign a Waiver of Notice or Citation under ORS 116.097. By waiving formal notice, heirs allow the personal representative to proceed without waiting for the usual publication or mailing period.

Link: ORS 116.097

3. Receipt and Release of Distribution

After closing, the personal representative prepares a final accounting and proposes distribution under ORS 116.161. Heirs sign a Receipt and Release form to:

• Acknowledge they received their share of net sale proceeds.
• Release the personal representative from further liability.

Link: ORS 116.161

4. Assignment of Interest (Optional)

If an heir wishes to transfer all or part of their share to another person, they execute an Assignment of Interest in Probate Distribution. This private document records the heir’s decision to redirect part or all of their proceeds to a third party.

5. Disclaimer of Interest

Pursuant to ORS 112.155, an heir may also sign a Disclaimer of Interest if they choose to refuse all or part of their inheritance. That share then passes as if the disclaiming heir predeceased the decedent.

Link: ORS 112.155

Procedure Summary

1. The personal representative petitions the court for authority to sell the property.
2. Heirs sign the Consent to Sale and, if desired, Waiver of Notice forms.
3. The sale closes, and proceeds enter the estate account.
4. The personal representative prepares a Final Account and proposes distribution.
5. Heirs sign Receipt and Release forms (and any Assignment or Disclaimer documents).
6. The court issues an Order Directing Distribution.

Helpful Hints

• Contact the probate clerk to obtain Oregon Probate Forms and local procedural rules.
• Ensure each heir’s signature is notarized, especially for waivers and releases.
• Review ORS chapters 112 and 116 to confirm statutory deadlines and notice requirements.
• Consider discussing complex distributions or assignments with a probate attorney.
• Keep certified copies of all signed forms in the estate file.