Legal Question in Wills and Trusts in Oregon
probate information
can you explain what exactly is probate? My sons father died without a will and he was buying property that my son will need to sell. thank you
1 Answer from Attorneys
Re: probate information
Probate is a court supervised mechanism to gather a decedent's assets and assure that that person's creditors are paid before the remaining assets are distributed to the heirs.
The probate process is governed by state law and requires the personal representative to take a number of actions to ascertain that all the assets and liabilities of the decedent are identified and collected. Once the assets are collected and the creditors paid, the personal representative files an accounting with the courts and asks the court's permission to distribute the remainder to the heirs identified in the will (or if there is no will, then to the heirs as identified under state law).
Oregon law requires a probate if the decedent died owning real property with a market value of over $90,000.
Our office regularly handles probates and would be happy to assist. Please give us a call.