Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice.
In Oregon, when a person dies without leaving a valid will—or if the nominated executor is unavailable—you must apply for letters of administration to administer the estate under ORS 113.015. These letters authorize you to collect assets, pay debts, and distribute the estate to heirs.
- Identify the correct court. File in the Circuit Court of the county where the decedent lived at death.
- Gather required information:
- Decedent’s full name, date of death, and last address.
- Heirs’ names, relationships, and addresses.
- Estimated value of real and personal property.
- Complete the Oregon Judicial Department (OJD) forms:
- File the petition and bond. Under ORS 113.055, you must post a bond unless all heirs waive it. Submit your completed forms and bond to the court clerk, along with the filing fee (fee varies by county).
- Serve notice. Serve PC-430 Notice to Interested Persons on all heirs and creditors at least 14 days before the hearing.
- Attend the hearing. The judge reviews your petition and may ask questions. If approved, the court signs the PC-440 Certificate of Appointment, officially granting your letters of administration.
- Administer the estate. Collect assets, pay valid debts, file an inventory (PC-449 Inventory and Appraisement) within three months, and distribute assets per ORS 113 (intestacy rules).
Helpful Hints
- Double-check all names and addresses to avoid delays.
- Use the OJD Probate Forms page for updates.
- Keep certified copies of the decedent’s death certificate for asset institutions.
- Consult ORS 113.015–113.235 for detailed probate procedures.
- Contact your county court clerk for local filing fees and scheduling.