Oregon Objection to Allowed Claim in Accounting

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Multi-State
Control #:
US-02653BG
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Word; 
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Estate assets cannot be distributed without court approval. The court will not approve distributions from the estate until after: 4 months from the first publishing date. The required notice to heirs, devisees, and State agencies (DHS) has been given.

Even without a statutory guideline on executor fees in Oregon, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.

You can file probate right after the person dies in Oregon. While there isn't a strict timeline to file, it should be done in a timely manner. Other deadlines exist that must be followed. For instance, a list of assets must be provided within 90 days after the executor was appointed.

Chapter 125 of the Oregon Revised Statutes governs guardianships and outlines those responsibilities. A guardian must: Promptly report to the Court any change of the guardian's name, residence, or mailing address. Follow the laws about being a guardian (see Chapter 125).

If a person dies leaving very few assets, such as personal belongings or household goods, these items can be distributed among the rightful beneficiaries without the supervision of the court. Estate planning, including Living Trusts, Payment on Death Accounts, and Transfer on Death Deeds, may help avoid Probate.

While probate can complete in as little as 5 months, in Oregon this process typically takes 6-9 months. Once the four-month discovery and notice period is complete, the probate court and PR begin overseeing the settling of the estate.

A notice to creditors is published in a local newspaper. This public notice to creditors tells the creditors that they have four months to bring any claim against the estate for debts the deceased person owes them.

6-9 months is how long probate typically takes in Oregon Once the four-month discovery and notice period is complete, the probate court and PR begin overseeing the settling of the estate. For example, valid creditors receive payment and settlement from out of the estate's assets.

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Oregon Objection to Allowed Claim in Accounting