Disclaimer: This information is for educational purposes and is not legal advice.
Detailed Answer
When a person dies owning assets in more than one Oregon county or even in another state, the personal representative must follow Oregon’s probate venue rules and, if necessary, open ancillary proceedings elsewhere.
1. Choose the Principal Probate Venue
Under ORS 113.005, you may file the main probate in any county where the decedent was domiciled at death, owned real or personal property, or where a nominated representative lives. Most representatives pick the county of domicile or where the largest estate asset resides.
2. Handle Assets Across Oregon Counties
Once appointed, the personal representative obtains Letters Testamentary (or Letters of Administration). To transfer or sell real property in other Oregon counties, the representative records a certified copy of those letters in each county’s recorder or clerk’s office. This record establishes authority to manage or convey land, sell vehicles or close local accounts.
3. Open Ancillary Probate for Out-of-State Property
If the decedent owned property outside Oregon, you generally must open an ancillary probate in that state. Ancillary proceedings follow the foreign jurisdiction’s rules but rely on the Oregon appointment. Under Oregon’s ancillary-administration statutes (ORS 114.005–ORS 114.235), the representative uses Oregon letters to qualify in the other state. That lets you collect or transfer bank accounts, real estate or securities there.
4. Coordinate Federal and Institutional Requirements
For financial accounts, investment portfolios or retirement plans held in multiple jurisdictions, custodians often require certified letters, death certificates and an inventory of assets. Plan ahead: request multiple certified copies of your appointment and the certified copy of the death certificate.
Helpful Hints
- Inventory early: list every asset by county or state to determine where to file first.
- Ask courts for certified copies of letters in bulk to avoid repeated requests.
- Check statute of limitations for ancillary probate in each state to avoid forfeiture.
- Consult a local probate attorney in the foreign jurisdiction for that state’s ancillary rules.
- Maintain organized records: track filings, recording fees and deadlines by county or state.