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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.
Not less than 30 days after the death of the decedent, one or more the of the claiming successors may file an affidavit with the clerk of the probate court in the county where the decedent died or was domiciled or resided at the time of death or in the county where the property of the decedent was located at the time ...
Simple probates may cost around $2,000, but an average is closer to $3,000 - $5,000 (and up).
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.
An affidavit can be filed if the fair market value of the estate is $275,000 or less. Of that amount, no more than $200,000 can be attributable to real property and no more than $75,000 can be attributable to personal property.
An attorney is generally necessary to assist the Personal Representative in administering the probate estate. The attorney educates the Personal Representative in the tasks and timelines involved, and prepares the pleadings for filing with the court.
Probate is required for most estates in Oregon, and the type of probate process depends largely on the value of the assets that are in your name when you pass away. If a will exists, the original will has to be filed with the probate court.