Legal Question in Wills and Trusts in Oregon

does a personal representative need an attorney in order to perform her duties?


Asked on 1/07/19, 8:48 pm

1 Answer from Attorneys

Greg Freeze Greg Freeze, Attorney-at-Law

No, a personal representative does not need an attorney, unless the steps become too confusing or overwhelming. An Oregon attorney will use the electronic filing system, which is an advantage in the modern era. Representing yourself, you will be turning in paperwork directly to the court. Beyond the initial Petition for Probate, you will need to prepare the following in a "simple" probate:

- Limited Judgment Admitting Will to Probate

- Information to Heirs & Devisees

- Information to OHA & DHS

- Notice for Publication (including publishing and filing the Affidavit of Publication)

- Inventory

- Declaration of Compliance

- Verified Statement

- Consents

- General Judgment

- Receipts

- Supplemental Judgment

Depending on what happens after filing the initial Petition for Probate, what gets filed can expand to more/different filings.

Disclaimer: This posting is made available for general informational purposes only. There is no attorney client privilege between you and the attorney author. This posting is not a substitute for competent legal advice. Only a licensed attorney that specializes in this area in your home state (for example, I am licensed in CA, OR, and WA) and with whom you have an attorney client relationship can provide legal advice to you. The law changes frequently and varies from jurisdiction to jurisdiction, and any advice depends on the particular factual circumstances of your case. The information and materials provided are general in nature.

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Answered on 1/11/19, 7:45 pm


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