Detailed Answer
When a person dies without a valid will in Oregon (intestate), the circuit court issues Letters of Administration to authorize someone (the administrator) to manage and distribute the decedent’s estate. You must file your application in the county where the decedent resided at the time of death. Under Oregon law, specifically ORS 114.165, you must submit the following documents:
Required Documents
- Certified Death Certificate: Obtain an original or certified copy from the Oregon Health Authority’s Vital Records Section.
- Petition for Letters of Administration: Complete the local probate court form or use Oregon Judicial Department Form 22 under ORS 114.165.
- Heirship Information: Provide a list of all heirs, their mailing addresses, and relationship to the decedent. Oregon’s order of intestate succession appears in ORS 113.155.
- Administrator’s Oath: File a signed oath under ORS 114.205, confirming you will perform fiduciary duties honestly.
- Bond or Bond Waiver: Submit a surety bond under ORS 114.175 unless all heirs sign a written waiver in accordance with ORS 114.185.
- Additional Documents: If any heir is a minor, include their birth certificate or a guardianship order. If you are the surviving spouse, a marriage certificate may expedite proof of relationship.
After filing, the probate clerk reviews your paperwork and may schedule a hearing. Once the court approves your petition, the clerk issues Letters of Administration. These letters grant you authority to collect assets, pay debts and taxes, and distribute property under the rules of intestate succession in ORS Chapter 113.
Helpful Hints
- Contact the probate clerk’s office in advance to confirm any county-specific forms or fees.
- Order multiple certified copies of the death certificate; you’ll need them for banks, titles, and government agencies.
- Double-check the heirship list to prevent objections or delays during probate.
- If possible, obtain a bond waiver signed by all heirs to avoid the cost of a surety bond.
- Keep organized copies of all filings and proof of service to creditors and interested parties.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.