Oregon Probate Checklist Without Will
Description
How to fill out Oregon Probate Checklist Without Will?
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FAQ
Completing a paper probate application formYou can do this yourself or you can call the probate and inheritance tax helpline for help completing the form.
The typical amount of time is closer to 7 to 10 months depending on the nature of the assets and the backlog at the court house. I have written about the Probate Process in Oregon and created an Oregon Personal Representative Checklist to help my clients better understand the proceedings.
There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
If you die without a will and do not have any family, your property will go to (escheat) the state. This rarely happens because Oregon's inheritance laws are designed to get your property to your family, however remote.
Oregon has a simplified probate process for small estates. To use it, you (as an inheritor) file a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.