Legal Question in Wills and Trusts in Oregon
Last Wills and Testaments
I am named in my Aunt's Will along with my two siblings. We cannot locate one of my siblings. What happens and how long will the court hold my share?
1 Answer from Attorneys
Re: Last Wills and Testaments
The court will require the personal representative for the estate to attempt to locate the missing sibling.
During the probate process, there are a variety of things that must occur (and which take time). Once everything is done, the PR will ask the court to approve what has been done (all bills paid, tax returns filed, etc.). That request will also detail who gets what from the estate.
If the sibling is still missing, that share will go to the state, which will hold it until he or she is found.
For a simple estate, it usually takes at least 6 and more likely 8 months or so before the estate is ready for distribution to the devisees.
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