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When a person dies in Stayton, OR, they will be subject to probate, which will establish its validity according to the law and sort out any issues raised by heirs. Probate can be a lengthy, complex process, which is why having the assistance of an estate planning attorney is crucial. Stayton Law is dedicated to assisting local clients with a wide range of legal needs, including those related to probate and estate plans in general.

3 Things That Happen During the Probate Process 

A Will May Be Contested

Probate can be contested or uncontested. Contested probate typically stems from an heir’s disagreement with the terms of a will, usually as a result of this person believing they received an insufficient amount of property or assets. There are few common reasons why a will may be alleged to be invalid; one entails establishing that the person creating the will was unduly influenced by another party. Claims may also arise, alleging that the creator of the will lacked an adequate mental capacity to make such decisions or was rendered incapable due to illness or injury.

Collection of Debts

estatesProbate is also the process in which debts are tallied and subsequently paid off. This can include a range of personal debts, as well as outstanding taxes and other expenses. This must take place before property and assets can be dispersed to heirs, and accordingly, probate is often a time-consuming, costly process for an estate.

Dispersal of Property/Assets

Once any outstanding disputes are addressed and settled, property and assets can be dispersed to respective heirs. This and other tasks mentioned above will be carried out by an executor, who is named by the creator of the will. If no executor was named, the court will appoint one instead. While in many cases the deceased is free to leave property and assets to whomever they desire, the court can override these decisions if certain laws take precedent.

When in search of skilled legal advice in the Willamette Valley and Santiam Canyon, OR, area, the accomplished team at Stayton Law is poised and ready to help. Schedule your consultation at this trusted law office today by calling (503) 769-7741. If you’d like more information about the rich history of this impressive law firm, feel free to visit them online.

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