Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives

State:
Oregon
City:
Bend
Control #:
OR-HJ-081-14
Format:
PDF
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Description

A14 Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives
The Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives is a legal document filed with the court to initiate the process of handling an estate when an individual passes away without a will. This petition is crucial in determining who will be responsible for managing and distributing the assets of the deceased. When a person dies intestate in Bend, Oregon, it means they have not left behind a valid will or estate plan. In such cases, the court steps in to oversee the distribution of the estate according to the state's laws of intestate succession. The purpose of the petition is to request the court's approval for the appointment of co-personal representatives, who will act as the estate administrators. There can be different types of Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives based on the specific circumstances of the estate: 1. Petition for Informal Administration: This is the most common type of petition filed when the estate is relatively simple and uncontested. It allows for a streamlined process, eliminating the need for court hearings or supervision. The court appoints the co-personal representatives, who have the authority to distribute assets and settle debts of the decedent. 2. Petition for Formal Administration: This type of petition is usually required for complex estates, disputed claims, or when conflicts arise between potential heirs. The court is more actively involved in overseeing the estate administration process, conducting hearings, and making decisions based on evidence. 3. Petition for Special Administration: In certain situations, such as when immediate action is necessary to protect the assets or when a full estate administration is not required, a petition for special administration may be filed. This allows for the appointment of a personal representative with limited authority to handle specific issues or tasks promptly. The Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives should include essential details such as the name of the deceased, date of death, a statement affirming the absence of a valid will, and the proposed co-personal representatives. The petition must also outline the estimated value of the estate and any known debts or liabilities. It is important to consult with an experienced probate attorney in Bend, Oregon, to ensure the correct petition is filed for the specific circumstances of the estate. This legal professional can guide the petitioner through the process, gather the necessary documentation, and help navigate any complexities that may arise. By completing and submitting the Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives accurately, the court can initiate the probate process and assign the appropriate individuals to oversee the administration and distribution of the estate, providing a fair resolution for all parties involved.

The Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives is a legal document filed with the court to initiate the process of handling an estate when an individual passes away without a will. This petition is crucial in determining who will be responsible for managing and distributing the assets of the deceased. When a person dies intestate in Bend, Oregon, it means they have not left behind a valid will or estate plan. In such cases, the court steps in to oversee the distribution of the estate according to the state's laws of intestate succession. The purpose of the petition is to request the court's approval for the appointment of co-personal representatives, who will act as the estate administrators. There can be different types of Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives based on the specific circumstances of the estate: 1. Petition for Informal Administration: This is the most common type of petition filed when the estate is relatively simple and uncontested. It allows for a streamlined process, eliminating the need for court hearings or supervision. The court appoints the co-personal representatives, who have the authority to distribute assets and settle debts of the decedent. 2. Petition for Formal Administration: This type of petition is usually required for complex estates, disputed claims, or when conflicts arise between potential heirs. The court is more actively involved in overseeing the estate administration process, conducting hearings, and making decisions based on evidence. 3. Petition for Special Administration: In certain situations, such as when immediate action is necessary to protect the assets or when a full estate administration is not required, a petition for special administration may be filed. This allows for the appointment of a personal representative with limited authority to handle specific issues or tasks promptly. The Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives should include essential details such as the name of the deceased, date of death, a statement affirming the absence of a valid will, and the proposed co-personal representatives. The petition must also outline the estimated value of the estate and any known debts or liabilities. It is important to consult with an experienced probate attorney in Bend, Oregon, to ensure the correct petition is filed for the specific circumstances of the estate. This legal professional can guide the petitioner through the process, gather the necessary documentation, and help navigate any complexities that may arise. By completing and submitting the Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives accurately, the court can initiate the probate process and assign the appropriate individuals to oversee the administration and distribution of the estate, providing a fair resolution for all parties involved.

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FAQ

What's the difference between letters of administration and grant of probate? The main difference is that a grant of probate is issued to the executor named in the will, whereas a grant of letters of administration is issued to the next of kin, who is called the administrator.

To apply for the letters of administration: download the correct paper form. fill in all sections that apply. print the form. sign and date the application. include a cheque with your application (see How to pay) send your completed form and supporting documents to:

You'll usually get the grant of probate or letters of administration within 8 weeks of sending in your original documents. It can take longer if you need to provide additional information.

Under Oregon statute, the personal representative gets a percentage of the value of the assets. This percentage decreases as the value of the assets increases. For the 1st $1000, the personal representative gets 7% or $70. For the next $9000, the personal representative gets 4% or $360.

Over 18 years of age and ? The surviving spouse of the decedent, ? An adult child of the decedent, ? A parent of the decedent, ? A brother or sister of the decedent, ? A person entitled to property of the decedent, ? A person who was named as personal representative by will, or ? You are a creditor and 45 days have

You must petition the probate court to admit any will to probate and to appoint you as the personal representative. The petition contains some basic background information of the decedent and this information is described in ORS 113.035 -Petition for appointment of personal representative and probate of will.

How do I get letters? Letters Testamentary or Letters of Administration are issued by the court, once the court has appointed you the Personal Representative of the estate.

Any individual who is at least 18 years old who is a resident of Florida at the time of the decedent's death, is qualified to act as the personal representative.

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

When someone dies without a will they are said to have died 'intestate' and no one has immediate authority to act as their personal representative. Instead, one of their relatives needs to apply to the Probate Registry for a grant of letters of administration.

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Bend Oregon Petition for Administration of Intestate Estate and Appointment of Co-Personal Representatives