Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
In Oregon, an interested person may open probate for a decedents estate by filing a petition in the circuit court of the county where the decedent resided or where estate property is located. Below is an overview of the process under Oregon law:
1. Identify an Interested Person
Under ORS 113.095, an interested person includes heirs, devisees, creditors and spouses. Only an interested person may petition the court to open probate.
2. Determine Proper Venue
Oregon law requires filing in the circuit court of the county where the decedent was domiciled at death or where the estates principal property is located. Check local court rules for venue specifics.
3. File a Petition for Appointment of Personal Representative
Complete and file a petition under ORS 113.315. The petition must include:
- The decedents full name and date of death
- Original will, if one exists
- Estimated values of assets and liabilities
- Names and addresses of heirs, devisees or beneficiaries
- A request for appointment of a personal representative
Pay the courts filing fee at the time of submission. Fee amounts vary by county.
4. Provide Notice to Interested Parties
After filing, you must mail notice to all heirs and beneficiaries and publish a notice in a local newspaper as required by ORS 113.025. The publication must run once a week for at least four successive weeks.
5. Court Hearing and Issuance of Letters
The court schedules a hearing to verify the petition and will (if any). Once the court approves, it issues letters testamentary (with a will) or letters of administration (intestate) authorizing the personal representative to act on behalf of the estate.
6. Post Bond if Required
Unless waived by the will or agreed to by heirs, the personal representative must post a bond pursuant to ORS 116.023. The bond protects estate beneficiaries against mismanagement.
7. Administer and Close the Estate
Once appointed, the personal representative collects assets, pays valid debts and taxes, and distributes remaining property to heirs or devisees. A final accounting is filed with the court before the estate is closed.
Helpful Hints
- Gather the decedents original will, deeds and account statements before filing.
- Confirm the decedents state of residence and assets locations to establish venue.
- Prepare a complete list of known heirs, beneficiaries and creditors with contact information.
- Check local circuit court websites for specific forms, fee schedules and publication requirements.
- Consider consulting a probate attorney for complex estates or disputes among heirs.