Bend Probate Attorneys

Sound Legal Advice for Estate Distribution Matters

At Baxter Law, LLC, our Bend probate lawyers can help you through the probate process. If you have been appointed a personal representative (executor) or are a beneficiary of a will, we can help you understand what's entailed and what your rights and responsibilities are. We have over 60 years of combined experience, and we have helped numerous clients effectively handle the process. Our team is here to deliver the sound advice and guidance you need from start to finish.

To learn more about probate and how we can help you, call our Bend probate attorneys at (541) 238-9210 or reach out online today.

What Is Probate?

Probate is a court process an estate must pass through before a decedent's assets and property are distributed to beneficiaries. Essentially, probate is a way to avoid fraud and ensure the decedent's financial obligations are taken care of.

Probate begins after a person's death. If the person had a will (called "testate"), the court ensures it's valid. It will then appoint a personal representative (PR) to handle various matters concerning the decedent's estate. The PR may either be the individual named in the will or, if the decedent did not have a will (called "intestate"), someone the court assigns to serve in this role. The executor can be a family member (if someone is available and willing to take on the role) or a third party, such as a bank or lawyer.

The personal representative is responsible for identifying, gathering, and appraising the assets of the estate, including real estate, financial accounts, personal property, and other assets. Additionally, they will ensure that any outstanding debts, including taxes and creditors' claims, are paid before assets are distributed to beneficiaries.

Although probate is an important part of estate administration, it can be lengthy and complicated. This is why working with a skilled Bend probate lawyer is crucial to ensure the process moves forward smoothly and efficiently.

What Is the Executor's Role?

When a person serves as an executor, their duty is to ensure all of the decedent's financial matters are taken care of. They then distribute assets according to the will or state laws.

The executor must:

• Inventory assets: This requires locating and valuing the decedent's assets.
• Pay debts: The PR will use funds from the estate to pay creditors.
• Prepare state and federal taxes: The PR must ensure taxes are filed.
• Report actions taken concerning the estate: The PR prepares an account of what money has been paid and received by the estate, as well as any other actions they took. They give this account to the beneficiaries, heirs, and the court.
• Distribute assets to beneficiaries and heirs: After all other estate matters are settled, the PR distributes property according to the will or state laws.

Is Probate Always Required?

Depending on the size of the estate, probate can be a lengthy process, lasting a minimum of 4 months. In some cases, it can be avoided.

Situations in which probate may not be required include:

• Joint tenancy: If the decedent had joint property or accounts, they would be transferred to the co-owner.
• Beneficiary: If the decedent had certain accounts, such as retirement, that named a beneficiary, the assets are distributed to them.
• Few assets: If the decedent had only a few assets, the court does not need to get involved for the property to be distributed to beneficiaries.
• Trusts: If the decedent had their property transferred to a trust, the distribution of assets does not have to go through probate.

Oregon also allows for a shortened probate process for "small estates." If the value of personal and real property falls below a specific threshold, the distribution of assets does not have to go through the full probate process, which can save on time and money.

What are Common Probate Challenges?

The probate process is not always straightforward, and several issues can arise that complicate matters. Some of the most common challenges include:

• Contested Wills: If a family member or beneficiary challenges the validity of the decedent’s will, it can delay the probate process. Common reasons for will contests include allegations of undue influence, lack of testamentary capacity, or improper execution of the will. A Bend probate attorney can help defend against will contests and guide you through the legal procedures to address these challenges.
• Disputes Over Asset Distribution: If beneficiaries disagree about how assets should be distributed, a probate dispute can arise. These disagreements often occur when the decedent’s wishes are unclear, or when there are questions about how assets should be divided. A Bend probate lawyer can help facilitate discussions, mediate disputes, and if necessary, represent your interests in court.
• Creditor Claims: After the decedent’s death, creditors may make claims against the estate for outstanding debts. A personal representative must address these claims, and in some cases, disputes may arise over whether the estate is responsible for certain debts. A Bend probate attorney can help navigate creditor claims and ensure the estate is not unduly burdened.
• Failure to Locate Assets: In some cases, assets may be overlooked or difficult to find. The personal representative is responsible for locating all of the decedent’s assets, which can be challenging if records are incomplete or assets are hidden. A Bend probate attorney can assist in uncovering missing assets and ensuring that the estate is fully accounted for.

How Long Does the Probate Process Take?

In Oregon, the probate process typically takes anywhere from 6 months to 1 year, although it can be longer if complications arise. Several factors influence the timeline, including the complexity of the estate, disputes among heirs, court delays and creditor claims.

For Probate Services in Oregon, Call Baxter Law, LLC

If you have been appointed a personal representative or are an heir or beneficiary going through the probate process, contact our Bend probate lawyers for skilled guidance. We'll help you navigate the complexities involved.

Contact us online or call at (541) 238-9210 to request a consultation to discuss your circumstances.