Detailed Answer — what the process looks like in Oregon

When someone dies, the court may appoint a personal representative to gather assets, pay valid debts and taxes, and distribute the remainder of the estate to heirs or beneficiaries. The process begins in the probate court in the Oregon county where the decedent lived. Oregon law about estate administration is contained in the Oregon Revised Statutes (ORS), chapter on administration of estates; see the ORS chapter for full legal language: ORS Chapter 113 (Administration of Estates).

Typical steps you will follow:

1. Confirm whether there is a will.

   If there is a will, it may name a nominated personal representative (sometimes called an executor). The court usually gives priority to the person named in a valid will, but the nominated person still must petition the court and be formally appointed.

2. Locate the correct probate court and file a petition.

   You (or another interested person) must file a petition to open probate and to be appointed personal representative in the county probate court where the decedent resided. The Oregon Judicial Department provides probate information and county-specific forms and filing instructions: Oregon Judicial Department — Probate.

3. Provide the death certificate and the original will (if any).

   The court will generally want a certified copy of the death certificate and any original will to be submitted with the petition.

4. Give notice to heirs, beneficiaries, and creditors.

   After you file, the court will require that interested persons (heirs and beneficiaries) receive notice. The estate’s creditors also get an opportunity to file claims. The court’s notice requirements and publication rules protect creditors and other interested parties; follow the court’s instructions exactly.

5. Bond and qualifications.

   The court may require a surety bond from the personal representative unless the will waives bond or the court orders otherwise. You must be legally qualified (e.g., an appropriate age and not disqualified by law). Priority of appointment and qualification rules are set in ORS Chapter 113.

6. Hearing and issuance of letters.

   The court may hold a hearing. If the court approves the petition, it issues formal letters (often called Letters Testamentary or Letters of Administration), which are the court’s official authorization to act for the estate.

7. Perform your duties as personal representative.

   After appointment you must inventory estate assets, secure and manage those assets, pay valid debts and taxes, file required court reports, and distribute remaining assets according to the will or Oregon intestacy law. These duties are fiduciary in nature—handled under court supervision and subject to possible accounting/review by interested parties.

For the precise statutory rules and detailed requirements, consult ORS Chapter 113: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html. For local forms and procedural requirements, check the probate pages of the county court where the decedent lived or the Oregon Judicial Department probate resources: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx.

Hypothetical example: Jane’s father lived in Multnomah County and died leaving a will that names Jane as executor. Jane obtains a certified death certificate, locates the original will, files a petition for probate and appointment in Multnomah County Probate Court, serves notice to heirs named in the will, and—after the court approves—receives Letters Testamentary and begins administering the estate under court supervision. This illustrates the usual sequence, though details and timelines can vary by county and estate complexity.

When you may not be appointed

The court will not appoint someone who is legally disqualified (for example, certain felons or people under a statutory disability), or if a higher-priority person seeks appointment. If multiple people claim the same priority, the court resolves the dispute using the priority rules in ORS Chapter 113.

Helpful Hints

• Start by locating the original will (if any) and a certified death certificate—probate cannot move forward without them.
• Contact the probate clerk in the county where the decedent lived for filing forms, fees, and local instructions. County procedures and forms differ.
• Keep careful records and copies of everything you file and serve. The personal representative must account to the court and to heirs/beneficiaries.
• Expect to publish notice to creditors and give direct notice to heirs and beneficiaries; follow the court’s deadlines so claims and distributions proceed correctly.
• If the estate has significant assets, complicated taxes, or contested claims, consider hiring a probate attorney to help you understand court filings, fiduciary duties, bond issues, and tax obligations. Attorneys can prepare and file documents, but you make the decisions.
• If you are named in the will but decline appointment, the court will look to next-priority persons to serve.
• Be mindful of time-sensitive tasks—securing assets, preventing waste, and meeting tax deadlines matter. The court can remove a personal representative who fails to perform duties responsibly.