Legal Question in Wills and Trusts in Oregon

Re: How soon after death does probaye need to be commenced?

Although there is no specific time requirement to commence probate, I usually recommend that it be started sooner rather than later.

Assets that require probate to be distributed cannot be distributed for 5-6 months after the probate has been opened with the court because there are notices that must be given and you have to wait 4 months after the notices before you can petition the court to distribute the estate.

As far as sorting things out, depending on the situtation, sometimes it can be better for the personal representative (executor) to have the court's authority behind him or her when doing the "sorting".

Sometimes there is no need for a probate. Our office regularly handles probates and assists clients in non-probate distributions.

Re: How soon after death does probaye need to be commenced?

The short answer is there is no time limit on when you can file a petition to appoint a personal representative of a decedant and initiate the adminisntration of an estate (whether testate or intestate) Once you commence the probate proceeding there are many time limitations some of which are fairly short. ORS chapter 113 are the Oregon statutes that govern initiation of probate proceedings. You may want to review those statutes (as well as ORS chapters 114, 115 and 116).