Probate in Oregon | OR Legal Resources | FastCounsel

Oregon: Do I Need to Post a Bond to Serve as Administrator of My Mother’s Intestate Estate?

Do I need to post a bond to serve as administrator of my mother’s intestate estate in Oregon? Short answer: Usually yes. In Oregon, a personal representative appointed to administer an intestate estate must ordinarily give a probate bond (a surety bond) unless the court relieves that requirement or the heirs effectively waive it. There […]

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Factors Oregon Courts Consider When Appointing an Estate Administrator

Disclaimer: This is general information about Oregon probate practice, not legal advice. For advice about a specific situation, consult a licensed Oregon attorney. Detailed Answer When an Oregon probate court appoints someone to administer a deceased person’s estate (often called a personal representative or administrator), the judge looks at several legal and practical factors to […]

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Oregon: Using Sale Proceeds to Pay Estate Cleanup and Junk Removal Expenses

Detailed Answer When someone dies and their property is sold, the money from that sale becomes part of the estate. In Oregon, the personal representative (executor or administrator) is responsible for collecting estate assets, paying valid debts and reasonable administration expenses, and then distributing what remains to beneficiaries. Reasonable and necessary costs tied to preparing […]

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Unauthorized Charges to a Parent's Estate — How Oregon Probate Handles Them

How Oregon Probate Addresses Unauthorized Charges to a Parent's Estate Short answer: If someone makes unauthorized charges that reduce your parent’s estate, Oregon probate law gives heirs and the personal representative several paths: present creditor claims, demand an accounting, pursue civil remedies (surcharge, conversion, unjust enrichment), remove or replace the fiduciary, and in some cases […]

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Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts in Oregon

How to Secure and Recover a Deceased Parent’s Bank and Credit Card Accounts in Oregon Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, consult a licensed Oregon attorney. Detailed Answer — practical steps under Oregon law If someone is continuing to use a deceased parent’s bank […]

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Oregon: How to Secure and Inventory a House and Stop Relatives from Removing Belongings Before You Are Appointed Administrator

Detailed Answer Short answer: Secure the property immediately using non‑destructive steps (locks, alarm codes, photos), document everything, avoid removing items that you are not legally authorized to take, contact law enforcement if theft is occurring, and, if necessary, ask the probate court for emergency relief such as a temporary appointment as personal representative. Oregon probate […]

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How to Become the Administrator of an Intestate Estate in Oregon

Detailed Answer Quick overview: When someone dies without a will in Oregon (intestate), the court appoints a personal representative (often called an administrator or administrator of the estate) to collect assets, pay debts, and distribute property to heirs under Oregon intestacy law. The steps below explain how to seek appointment as that administrator and what […]

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Oregon: How Children Inherit and Who May Administer an Estate When There Is No Will

Understanding How Children Inherit and Who Can Administer an Estate When There Is No Will in Oregon Answer: When someone dies in Oregon without a will (intestate), the estate passes under Oregon’s intestacy rules (see Oregon Revised Statutes, Chapter 112). Surviving children are primary heirs when there is no surviving spouse. Generally, surviving children share […]

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Oregon: How to Get Court Approval to Sell a House and Pay Off the Mortgage

Detailed answer: Selling real property with court approval in Oregon This FAQ-style guide explains the typical steps to get court approval to sell a house that is controlled by a court process (for example, a probate estate or a conservatorship/guardianship) and to use the sale proceeds to pay off a mortgage. The content uses a […]

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Oregon: How to Open an Estate Bank Account Using an IRS EIN

Step-by-step FAQ: Opening an Estate Bank Account in Oregon with an IRS EIN Short answer To open an estate bank account in Oregon using an IRS Employer Identification Number (EIN), you normally need a court-issued appointment (letters testamentary or letters of administration) or a qualifying small-estate procedure, a certified copy of the decedent’s death certificate, […]

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