Legal Question in Wills and Trusts in Oregon

Thank you for your question. The key factors in deciding what attorney to use (that is, in what state the attorney will need to practices in, and where his/her office is located) is:

(1) What state the decedent died, regardless of where the will was prepared; and

(2) Whether a probate is necessary.

If it is necessary that the decedent's estate requires a probate to be filed (and note that when someone passes away, it is not always necessary for his or her estate to be probated), then the probate would need to be filed in the state and in the county where the decedent died. Under those circumstances, it is highly advisable to use an attorney in the same state where the decedent died (that is, the same state where the probate will be filed) because probate procedures vary from state to state, and you will need an attorney licensed in that state.

If, however, there is no need for the estate to be probated, then a local attorney may be able to handle it. You will need to contact an attorney to determine whether an estate needs to be probated. Your attorney will probably need to make that evaluation by talking to you during a consultation.