Disclaimer: This article provides general information under Oregon law and does not constitute legal advice.
Detailed Answer
Filing Initial Probate Documents
To begin probate, you must file a petition for probate of will or petition for administration with the circuit court in the county where the decedent lived. Under ORS 114.505, your petition should include the original will (if any), a certified copy of the death certificate, and a list of heirs and beneficiaries with addresses. Pay the required filing fee per local court schedule.
Within 30 days of filing, serve notice of the petition to all interested persons, including heirs, devisees, and the Department of Human Services if the decedent received public assistance (ORS 114.515). Attend the hearing date set by the court. Upon approval, the court issues Letters Testamentary or Letters of Administration (ORS 113.115).
Publishing Creditor Notices
After appointment of the personal representative, you must notify potential creditors. Oregon law requires you to publish a Notice to Creditors in a newspaper of general circulation in the decedent’s county once a week for four consecutive weeks (ORS 115.055). The notice must include the decedent’s name, date of death, representative’s name and address, and the deadline for filing claims.
You must also mail direct notice to known or reasonably ascertainable creditors within three months of the decedent’s death (ORS 115.015). File proof of publication with the court to document compliance. Creditors generally have four months from the date of first publication or 30 days after direct mailing to present claims.
Helpful Hints
- Check your county court website for probate forms and fee schedules.
- Use a newspaper approved for legal publications in your county.
- Keep detailed records of all service and publication proofs.
- Track deadlines to limit exposure to late creditor claims.
- Consider professional help if the estate holds real property or complex assets.