Probate Oregon

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
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JGoneRiding
Posts: 1797
Joined: Tue Jul 15, 2014 3:26 pm

Probate Oregon

Post by JGoneRiding » Sun Mar 31, 2019 11:13 pm

I suddenly and unexpectedly find myself listed as the executor for my aunts estate in Oregon.

It looks probable that I will need an attorney to assist. But does anyone have any idea on complexity for Oregon?

I need to decide if I should turn this down or not. It isn't to complicated but it is still probate 4 plus hours from home. With 6 heirs but no children. They don't really have any reason to fight but who knows.

ccieemeritus
Posts: 628
Joined: Thu Mar 06, 2014 10:43 pm

Re: Probate Oregon

Post by ccieemeritus » Mon Apr 01, 2019 12:58 am

I did an Oregon probate from California last year and posted an “after action report” which you may find useful (link below). Since my Mom’s death was expected I already understood the financial accounts and many personal belongings were already dealt with. So the probate turned into selling the house and paperwork.

You will definitely need a local lawyer. If your probate is Washington county feel free to pm me for a recommendation. Dealing with personal belongings can be a real grind if you are remote.

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Topic Author
JGoneRiding
Posts: 1797
Joined: Tue Jul 15, 2014 3:26 pm

Re: Probate Oregon

Post by JGoneRiding » Tue Apr 02, 2019 9:17 am

Tha nk you for your reply. I a going to go through it all in detail.

Carefreeap
Posts: 2584
Joined: Tue Jan 13, 2015 7:36 pm
Location: SF Bay Area

Re: Probate Oregon

Post by Carefreeap » Tue Apr 02, 2019 2:56 pm

JGoneRiding wrote:
Sun Mar 31, 2019 11:13 pm
I suddenly and unexpectedly find myself listed as the executor for my aunts estate in Oregon.

It looks probable that I will need an attorney to assist. But does anyone have any idea on complexity for Oregon?

I need to decide if I should turn this down or not. It isn't to complicated but it is still probate 4 plus hours from home. With 6 heirs but no children. They don't really have any reason to fight but who knows.
First, sorry for your loss.

I guess I would look at how complex the estate is. Is there a house or other real property? What do you get out of it and if you didn't who would take over? As you know from YM I administered my mom's estate in So. CA from AZ. My brother lived only 5 miles away but I think Mom knew I would handle it better even though I lived 350 miles away. There's not a big need to be physically there during the settlement process. The one important trip was the trip to probate court to sell my mother's little rental house. My attorney said it would be good for both my brother and I (the two "heirs") to be there. And he was right. The judge did want to make sure that both my brother and I were in agreement about selling the house. My take away is he wanted to be sure someone wasn't going to put up a fight about selling family owned property even though as the Trustee and Executrix I certainly had the authority to do so.

We haven't had to administer an estate in OR but will at some point since MIL lives in the Portland area. If you need an estate lawyer you can PM and I can give you her estate lawyer's info.

Good luck with whatever decision you make!

Topic Author
JGoneRiding
Posts: 1797
Joined: Tue Jul 15, 2014 3:26 pm

Re: Probate Oregon

Post by JGoneRiding » Mon May 13, 2019 8:56 pm

Ty both of you! So I have taken on the task. In part because otherwise my mother would most likely have to and it would be harder for her and she would most likely be requires to get bond and I am not.

So far the most interesting thing is that it would be impossible with out a lawyer and I had to agree to be responsible for that part in case the estate could not (didn't like that part) I feel very comfortable with the lawyer. I am definitely taking the path of easiest resistance as I just went with the lawyer that my aunt had do her will (as estates and probate are almost all they do I figure they have this down).

The other thing is courts are annoyingly slow! 3.5 weeks to get the death cert and of course you can't do anything with out that. These delays result in a lot of funds lost as I can't close the bank accounts and a lot of things were on autopay which I only know about because she left a list!

So leave your executor a list!

It has actually helped a little having important things on autopay because even though I had zero access to funds the mortgage has gotten paid for 2 months along with I believe the insurance but things I would prefer not to pay have also been paid (like internet)

I have no idea if electric has been as I have no access and no bill so that one is a little frustrating. But in the end everything will be as the estate will illiquid is solvent

I would NEVER agree to probate an insolvent estate! You are now my hero carefeee! That seems like a crazy mess!

I now have lots of advice for my mom and other aunt about how we are going to avoid probate for grandma!

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