Oregon Probate Checklist: A Step-by-Step Guide for Familes

If you’ve recently lost a loved one and are navigating the Oregon probate process, this guide will help you understand each step. Whether you’re a personal representative or just trying to make sense of what’s required, here’s a simplified breakdown designed for Oregon families.

Step 1: Immediately After a Loved One Passes

• Order multiple certified copies of the death certificate
• Locate the original Will, trust documents, or any estate plans
• Secure the property and arrange pet or dependent care if needed
• Notify close family members and start gathering financial records

Step 2: Start the Probate Process

• File a Petition for Probate with the Oregon county court
• Submit the Will (if one exists) along with the petition
• Request appointment as the Personal Representative (Executor)
• Once approved, the court will issue Letters Testamentary
• In some cases, a fiduciary bond may be required

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Step 3: Notify Creditors and Heirs

• Publish a Notice to Creditors in a local newspaper
• Mail a formal Notice to Heirs and Beneficiaries within 30 days of appointment
• File an Affidavit of Mailing and Publication with the court

Step 4: Set Up the Estate Financially

• Apply for an EIN (Employer Identification Number) from the IRS for the estate
• Open a separate estate bank account to handle funds and bills
• Track all transactions and avoid mixing personal and estate finances

Step 5: Inventory All Assets

• File a complete Inventory of Probate Assets within 60 to 90 days
• Include real estate, bank accounts, vehicles, and valuables
• Also identify non-probate assets, like jointly owned property or life insurance

Step 6: Manage Debts and Claims

• Creditors have 4 months from the published notice to submit claims
• Review and pay all valid debts, including taxes and utilities
• You may dispute any suspicious or inaccurate claims through the court

Step 7: File Reports with the Court

• If the probate lasts more than a year, you’ll need to file annual accountings
• Once debts are paid, prepare a Final Accounting for court approval
• Submit a Petition for Final Distribution of the estate

Step 8: Distribute Assets and Close the Estate

• After court approval, distribute assets to heirs or beneficiaries as directed by the Will or Oregon intestacy law
• Submit a Final Audit and Request for Discharge
• Once accepted by the court, the estate is officially closed

Probate Timeline Overview

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