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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.
Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.
Letters Testamentary or Letters of Administration are issued by the court, once the court has appointed you the Personal Representative of the estate. These documents authorize you to handle the claims, releases, transfers, and other issues in the estate.
In Oregon, as in many other states, the complexity and value of an estate can significantly impact the length of the probate process. This is due to several factors, including the types and quantities of assets involved, the existence of creditors, tax obligations, and potential disputes among heirs.
The most common reason for probate in Oregon is the death of a person who owned property in their own name, without any joint owners or beneficiaries designated. In this case, the probate court will oversee the distribution of the deceased person's assets to their heirs or beneficiaries.
Attorneys' fees in Oregon are based on the number of hours billed and the lawyer's hourly rate. For the simplest of probates, the fees can be around $2000. In general, probate legal fees will run between $4,000 and $7,000. If the estate is large, complex or has unusual assets, the costs can be much higher.
The first step in the Oregon probate process is to get a death certificate and to find the original Last Will and Testament, if there is one. The Personal Representative files a petition with the court, which outlines the general assets of the estate and who the beneficiaries and heirs of the estate are.