Probate, Estate, & Trust Administration
Probate Proceedings
Probate is the process of a court ensuring a person’s assets are properly distributed after death, either according to a Will or according to Oregon law if no Will exists. Probate is required if a person dies either with or without a Will and does not have a Trust. The only exceptions are if the estate is small enough to qualify for the streamlined Simple Estate Affidavit process or if the decedent had a Trust.
Probate in Oregon is a very complex process that will almost always require legal representation.
Probate in Oregon is a very complex process that will almost always require legal representation.
Trust Administration
Trust Administration is the process of distributing a person’s assets after death but unlike probate, Trust Administration typically does not involve the court. Trust Administration is an option only if the decedent dies with a valid and applicable Trust.
Because Trust Administration does not involve the court, it is a private process that is typically much less complicated, much quicker, and less expensive than probate.
Because Trust Administration does not involve the court, it is a private process that is typically much less complicated, much quicker, and less expensive than probate.
Small Estate Proceedings
A Simple Estate Affidavit is a streamlined, probate-like, process for settling estates that meet certain criteria. In general, the total value of the decedent’s personal property must be no more than $75,000, their real property no more than $200,000, and the combined total be no more than $275,000. Other criteria must also be met, but the first thing to evaluate is these values of the estate. A small estate proceeding cannot be filed until 30 days after death and may take four to six months.
Oregon law also allows you to file a Small Estate Affidavit with the Probate Court, regardless of the value of the estate, if the decedent had a Trust and a Pour-Over Will. This is sometimes necessary when financial institutions require a "probate" before they will release the assets, so the Simple Estate Affidavit is a fast route to accomplishing this.
A Simple Estate Affidavit is still a court process but frequently involves a single court filing. This abbreviated procedure can greatly reduce both cost and time to close the probate estate.
Oregon law also allows you to file a Small Estate Affidavit with the Probate Court, regardless of the value of the estate, if the decedent had a Trust and a Pour-Over Will. This is sometimes necessary when financial institutions require a "probate" before they will release the assets, so the Simple Estate Affidavit is a fast route to accomplishing this.
A Simple Estate Affidavit is still a court process but frequently involves a single court filing. This abbreviated procedure can greatly reduce both cost and time to close the probate estate.