skip to Main Content

Eugene, Oregon Probate Attorney

The death of a loved one is always a somber time in one’s life. In addition to the pain and grief associated with the loss, a death in the family also necessitates decisions about how to deal with money and property the decedent might have left behind. The process whereby a decedent’s last financial issues are resolved and assets are distributed to the decedent’s legal heirs or devisees of the decedant’s will is called probate. In Oregon, law dictates the probate must remain open for a minimum of four months after the death of the decedent. During this time, creditors and heirs are notified of the decedent’s passing and complex calculations are initiated to determine how to best dispose of the decedent’s estate.

Eugene, Oregon Probate Attorney

The appointment of a Personal Representative by the courts is the first step in the probate process. The Personal Representative is tasked with administering the estate and making sure that the postmortem wishes of the decedent are honored. A “testate” estate exist when the decedent has left behind a will. An “intestate” estate exists in the absence of a will. In the case of a testate estate, the Personal Representation has explicit instructions for how to dispose of the estate. This simplifies and streamlines the probate process a great deal. Intestate estates can become problematic when heirs and creditors disagree on the allocation of a decedent’s estate. When this happens, it’s time to call on an experience family law lawyer like Eugene, Oregon family law attorneys Veralrud and Fowler.

Inventory of the Estate

Oregon law requires the decedent’s Personal Representative to submit a complete inventory of the decedent’s assets and liabilities with in 60 days of the opening of probate. The Personal Representative must keep detailed records of an assets leaving or entering the estate. They must be ready to produce reports on the state of the estate if requested by creditors, heirs, or other entities entitled to the information. In a testate estate, this process takes substantially less time than it would in an intestate estate.

Closing the Estate

The probate process can take from 6 to 9 months, after which time the estate is closed by a General Judgement issued by the courts and the Personal Representative is dismissed. It is crucial that any probate disputes be resolved before the estate is closed. The state of Oregon has left ample time within its probate structure to adjudicate such disputes in order to prevent entitled parties from being left out of the disbursement and allow creditors to recover all outstanding debts. It is during this time that hiring an experience family law attorney can really help smooth over a volatile situation.

Eugene, Oregon Probate Attorney

When the unthinkable happens, it can be hard to know what to do. Emotions run high after a death in the family. Long-standing relationships can be strained or even broken entirely when money and property are involved. Hiring a Eugene, Oregon family attorney can ensure the complexities of probate negotiations don’t take up precious time when a family is still healing from its loss. Call Veralrud and Fowler today for a free consultation.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

    Your Name (required)

    Your Email (required)


    Your Message

    Back To Top