Probate

When a loved one passes away, settling their final affairs often involves a formal, court-supervised process known as probate. If you have been named a Personal Representative in a will, or if a family member has died without a plan, you are likely facing a confusing and emotional journey. At Elliott Law Offices, we are here to lift the legal burden from your shoulders, guiding you with expertise and compassion through every step of the probate process.

What is Probate and When is it Necessary?

Probate is the court’s official process for validating a will, appointing a Personal Representative if necessary, paying the decedent’s legitimate debts, and legally transferring assets to the designated heirs. Probate is generally required when a person dies with assets (such as real estate, bank accounts, or investments) titled in their individual name that are not otherwise directed by a beneficiary designation or a trust. Our role is to determine if probate is necessary and to guide you through the most efficient path forward, which may include simpler alternatives, such as a Simple Estate Affidavit for qualifying estates.

The Oregon Probate Process: An Overview

While each estate is unique, the probate process generally follows a structured timeline. We manage every detail on your behalf.

Key Stages

1. Filing the Petition & Appointing a Personal Representative: We prepare and file all necessary documents with the court to formally open the probate case and have you legally appointed.

2. Notifying Heirs and Creditors: We handle all legally required notices to beneficiaries, heirs, and known creditors of the estate.

3. Inventory and Appraisal of Assets: We assist you in creating a detailed inventory of all estate assets and obtaining valuations as required by the court.

4. Managing Estate Affairs: We guide you through paying final bills, settling valid creditor claims, and managing estate assets during the administration period.

5. Final Accounting & Distribution: We prepare a final accounting for court and beneficiary approval, and guide you in distributing the remaining assets to the rightful heirs before formally closing the estate.

Our Role as Your Probate Counsel

As the Personal Representative, you have significant legal duties and can be held personally liable for mistakes. Our firm provides comprehensive support to ensure every responsibility is met correctly including:

• Preparing and filing all petitions, motions, and reports with the court.

• Providing legal guidance on your fiduciary duties.

• Assisting with the collection and management of estate assets.

• Navigating creditor claims and final tax payments.

• Facilitating clear communication between you and the beneficiaries to prevent disputes.

• Overseeing the final distribution and closing of the estate.

Probate

Privacy

Timeline

Cost

Control

Probate is a public record

Trusts are private

Trust administration is typically faster

Probate often takes 6-12 months or longer

Probate can cost $5,000-$10,000+

Trusts can be more cost-effective to administer

The court supervises every step of probate

Trust administration has no mandatory court supervision

vs.

Trust Administration

Get in touch

Whether you have been named a Personal Representative or a loved one has passed away without a will, you don't have to face the complexities of the court system alone. Contact us today for a consultation to understand your legal duties and map out a clear path forward.

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Estate Planning

Helping families protect what matters most. Easing transitions, preserving legacy, and shaping a future built on intention

Probate Services

Guiding fiduciaries with clarity and compassion. Honoring intentions, managing responsibilities, and ensuring a seamless transfer of assets.

Trust Administration

Navigating the probate process with confidence and care. Providing steady counsel during challenging times, honoring your loved one's wishes, and simplifying the path forward.

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