FAQ: Estate Administration And The Probate Process
How does probate work in Oregon? What is the typical amount of time to complete the administration of an estate? When do you need to start the process? Do all estates go through probate?
The probate process differs by state. You should consult an Oregon attorney if your loved one had property in the state. Whether a will exists or not (dying intestate), we serve as a resource offering as much or as little guidance as necessary through probate. Our attorney will work closely with you and are always available to answer questions.
Our consultations are affordable, and we are able to meet with you at our office or your home. To schedule a time to speak with an attorney at The Law Office of David M. Mitchell please call 503-342-2389 or send us a message.
Advance Planning That Goes A Long Way
With some advance planning you can ensure and eliminate some issues for loved ones who may be caught off guard when something happens to you. Our lawyers can help you complete a durable power of attorney and advance directive that accomplishes your goals.
When Does An Estate Need To Be Probated?
With small economic value estates (personal belongings and household items) or those that only contain accounts with beneficiary designations or jointly owned accounts, there may be no need for court supervision. Cases where probate is required include:
- Transferring title of real estate, stocks, bonds or savings/checking accounts, which were held only in the name of the person who passed away
- Settling disputes among people over who is entitled to assets
- Resolving any issues about the validity of a will
How Long Does Probate Take?
The fastest a probate can move through the court is about four months, but that requires immediate action after death. A small estate process may be available for smaller value estate. A small estate typically takes lesser time to administer than a full estate and has less associated fees. When property needs to be sold or there are complicated tax issues the process will realistically take much longer.
How Much Does Probate Cost?
A personal representative is entitled to receive a fixed percentage of the estate pursuant to Oregon law. The cost of legal fees varies depending on the size of the estate and the complexity of the issues involved in its administration.
We Provide A Road Map Through Probate
After the loss of a loved one, you need to grieve. We will efficiently help you navigate through the probate process. Schedule an affordable consultation to learn the steps and get individualized legal advice.