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Sometimes probate is needed to: Clear title to land, stocks and bonds, or large bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries. Collect debts owed to the deceased person.

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.

Probate clears the titles to stocks, bonds, other securities and cars; officially puts real estate into the name of the person who inherited it; and stops others, including creditors, from claiming any of the property after the probate ends. Probate is not always necessary.

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.

Vehicles. There are three different ways to go about avoiding probate when it comes to vehicles. You can hold title with another person of your choosing as a joint tenant with the right of survivorship. You can sign the back of the title WITHOUT dating it.

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

If probate is not done, it can be difficult to determine who is entitled to the assets of the estate and how they should be distributed. This can lead to disputes among the heirs or beneficiaries, which can be time-consuming and costly to resolve.

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.

No, but having a will can reduce the cost of probate and the burden to your friends and family. Whether your property needs to go through probate is determined by the value of the property and how that property is titled, not whether you have a will.