Legal Question in Wills and Trusts in Oregon
Probate for my grandmother's assets?
My grandmother has a little over $60,000 left in savings and in her will left it all to her daughter. Do I have to probate this?
What agencies and organizations do I contact to alert the appropriate agencies for taxes, etc?
Thank you,
Shannon
1 Answer from Attorneys
Re: Probate for my grandmother's assets?
In Oregon, if the decedent has more than $40,000 in non-real estate probate assets (probate assets are property held only in the name of the decedent), then the law requires that the estate be probated. (The same is true for estates that leave real property valued in excess of $90,000.)
Although probate does take a few months (for simple estates with no disputes, it generally takes less than 6 months) it is not a particularly onerous proposition. The person named in the will as the personal representative is responsible for hiring an attorney to initiate the probate.
Many courts in Oregon do not allow someone to act as personal representative and establish a probate without the assistance of an attorney.
Our office handles many such estates and would be glad to assist you in dealing with this estate. Most small estates are not particularly expensive to probate.
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