Legal Question in Wills and Trusts in Oregon
How do you assign a personal representative?
My Grandmother just died without leaving a will. She had several bank accounts and real estate. I understand that before any of the account information will be released that we need to assign a personal representative. How do we start this processes? We had her funeral this week and have all of her children present in one town and need to act quickly. I need to find out where to start.
1 Answer from Attorneys
Re: How do you assign a personal representative?
Oregon statutes define who is preferred as personal representative, but does not distinguish between people of the same "class" i.e., any one of the chidren could be appointed over the remaining children.
There is an initial determination that needs to be made first, and that is whether there is a need for a personal representative. Sometimes it is possible to deal with a smaller estates without a probate.
Your family needs to meet with an attorney to discuss the proper procedure to deal with your grandmother's estate. If a probate is necesary, the attorney will be needed to handle the probate, which includes the appointment of a personal representative.
Our office offers a low cost initial consultation and regularly handles both probates and small estates.