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Oregon Order Admitting Will To Probate and Appointment of Personal Representative

State:
Oregon
Control #:
OR-HJ-088-13
Format:
PDF
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A02 Order Admitting Will To Probate and Appointment of Personal Representative

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FAQ

Personal Representatives is the collective name for either Executors or Administrators. Personal Representatives of someone who made a valid Will are called Executors. If someone dies without a Will (intestate) then the people in charge of their estate are called Adminstrators.

According to California statutes, a personal representative must use ordinary care and diligence and act reasonably and in good faith in administering the estate. The personal representative has a fiduciary duty toward the estate and interested parties like heirs, will beneficiaries and estate creditors.

To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died. In the absence of a will, heirs must petition the court to be appointed administrator of the estate.

A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

A personal representative or legal personal representative is the executor or administrator for the estate of a deceased person.For example, the person authorized to make health-care-related decisions for another person because the latter is very ill or not lucid is a personal representative.

An administrator is the person appointed by the court to administer the deceased person's estate where the deceased did not have a Will, no executor is appointed, or the appointed executors do not or cannot act. Executors and administrators are both commonly referred to as a legal personal representative (LPR).

Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.

A beneficiary, or heir, is someone to which the deceased person has left assets, and a personal representative, sometimes called an executor or administrator, is the person in charge of handling the distribution of assets.

You can administer an estate even if the deceased died without a will or failed to specify an executor. If your relationship to the deceased doesn't make you the probate court's default choice for administrator, you'll need to get permission from the relatives ahead of you in the priority order.

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Oregon Order Admitting Will To Probate and Appointment of Personal Representative