State Laws
Probate in Oregon
Petition for Probate of Will
The petitioner must begin by filing the below with the circuit court where the decedent lived[4]:
- Petition for the Probate of a Will
- Original Will
- Affidavit of Attesting Witness (if required)
Once filed, the judge will issue a Limited Judgment and Letters Testamentary, allowing the petitioner to act as executor.[5] The executor must publish and send a notice of probate to interested persons, send a notice of claim deadline to creditors, and file both notices in court along with proof of publication and delivery and an Inventory.[6]
After settling probate expenses, the executor must file a Final Accounting (Form 9.160) (or if waived, a Verified Statement).[7] The judge will issue a Judgment of Final Distribution, after which the executor must distribute the estate and record each distribution in a receipt signed by the recipient.[8] To finalize, the executor must file the receipts with the court.[9]
Small Estates
A Small Estate Affidavit can be used to collect property without probate for estates with no more than $75,000 in personal property and $200,000 in real estate.[10]
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