Oregon Probate FAQ
By Scott G. Bassinger
What is Probate?
Probate is a legal proceeding that settles the debts of a deceased individual and transfers their remaining property to their beneficiaries.
Why Would My Estate Need to Be Probated?
Your estate may need to be probated if property is titled solely in your name and no beneficiaries have been designated to receive your property automatically.
How Long Does Probate Take?
Probate is a long process. Notice of the proceedings will likely need to be mailed and published in a newspaper. Creditors must be given a minimum amount of time, set by statute, to come forward and present their claims. A simple probate may take between six months and one year.
Is Probate Expensive?
Probate can be an expensive process that may involve court costs, publication costs, bonding costs, Personal Representatives fees, and attorney fees. The Personal Representative will likely be represented by an attorney throughout the probate process. The attorney fees incurred by the Personal Representative may be paid from the property of the deceased individual. Beneficiaries of the deceased individual may also be represented by an attorney.
Is Probate Avoidable?
Probate may be avoidable through careful estate planning. A variety of mechanisms are available that may allow beneficiaries to receive property automatically, outside the probate process. Such mechanisms include, but are not limited to, trusts, beneficiary designations, payable on death designations, transfer on death deeds and shared ownership of property.
What is A Personal Representative?
A Personal Representative is an individual appointed by the Court to collect, preserve, settle and distribute the property of the estate to the beneficiaries.
Date of Publication: January 30, 2025
Publication Number: 1
This FAQ provides general information, based on the Date of Publication, and is not legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with an attorney.