Legal Question in Wills and Trusts in Oregon
Distribution of Personal Property of an Estate
My aunts will is going to probate. Her home and
possessions in the house were disposed of and distributed already. How does the attorney make sure
all items of value are accounted for and included in the estate distribution. The administrator is one of the four recepients of the estate.
1 Answer from Attorneys
Re: Distribution of Personal Property of an Estate
Typically the property from an estate is not distributed until after an administrator is appointed by the court.
This is particularly true when real property is part of the estate, since once someone has died, no one has the power to sell the property unless either (1) they are appointed by the court as a personal representative or (2) the value of the real property is under $90,000 and all the heirs sign off on the sale.
Probating an estate includes not only the distribution of property to the heirs, but also making sure that all the decedent's debts have been paid and tax returns filed.
If you have concerns about the distribution of the property, you should consult an attorney quickly.
Our office represents personal representatives and heirs in probate matters. Give us a call.