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Whether you pass away with or without a will, your estate may need to go through probate. Probate is the legal process that settles your financial affairs and distributes any property you leave behind. Here’s what you should know about how Oregon law handles this process.

A Brief Guide to Oregon Probate Law

Passing Away Without a Will

The legal term for passing away without a will is dying intestate. Not having a will means losing your right to determine who receives your property. If you die intestate and leave minor children, you miss designating someone to be their legal guardian.

probateIf there is no valid will, Oregon applies its intestate succession laws, which list the heirs of a deceased person. The law gives a surviving  spouse 100% of the remaining estate. If the deceased was not married but had children, the remaining property is divided equally among them. The state chooses and appoints a guardian for any surviving minor children.

Passing Away With a Valid Will

Making a will allows you to distribute assets the way you want. You are able to give to a spouse, children, other family members, charities, and friends. A will is the only way to name a guardian for your minor children or adults with special needs for whom you have legal responsibility.

You can name someone you trust as the personal representative to carry out the wishes expressed in the will. Oregon law lets you name a caregiver for a pet and provide money to them for that purpose.

The Probate Process

Once the will is offered and accepted for probate, the probate court authorizes the personal representative to conduct the business required. A representative’s duties include contacting all heirs and beneficiaries, gathering and taking inventory of the estate assets, paying debt claims, and distributing remaining estate property to the beneficiaries designated in the will.

 

When you are ready to write your will or pursue ways to avoid probate, turn to Stayton Law of Willamette Valley, OR. Offering 20 years of estate planning experience, this legal team combines skill and compassion in guiding clients through the state’s complex probate laws and procedures. To learn more about their practice areas, including elder law, visit the website. Call (503) 769-7741 today to schedule a consultation.

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