Oregon Probate Overview

Presented by a Eugene Probate Lawyer

Probate is the legal process for transferring the estate of a deceased person. People make their intentions known about how they wish their assets and property to be distributed after their death, usually through a will. After their death, whether with or without a will, the estate, which consists of all their property, is gathered together, certain debts are paid, and the remainder of the estate is distributed to the heirs or beneficiaries. The probate process can be a complicated procedure requiring many different steps which need to be completed within certain time limits. It also requires the reading and writing of legal documents. For assistance with a probate in the Eugene area, it is recommended that you consult with a Eugene probate attorney at the firm. Attorney John Billington focuses on the field of probate law in Oregon and can provide the legal assistance needed for your family's probate.

What Happens in an Oregon Probate

In a probate, the process may be contested or uncontested. In a contested probate, claims may be made from family members or other parties that are disputed and which need to be resolved. Arguments may arise that the decedent did not know what he or she was doing at the time of the will, that the decedent was unduly influenced in deciding the estate distribution, or that proper procedure or formalities were not followed. Generally, the will must be "proven," as valid. Apersonal representative is selected to oversee the settling of the deceased person's affairs. Creditors must be notified and given an opportunity to submit their claims against the estate. Taxes and other debts must be paid through the estate. Court costs, attorney fees, and the fee of the personal representative are paid through the estate. After all of this is done, the estate can be distributed according to the wishes of the deceased person. It is highly advised that a probate attorney, such as the Eugene probate lawyer at the firm, provide you with the legal help needed to facilitate the completion of any probate.