Probate: Basic Steps

Probate is often consider an insurmountable feat with untenable complexity- however, I jokingly tell my clients that’s California NOT Oregon. Oregon Probate is a series of relatively straight forward steps that must be taken in a particular order. The complexity often comes more from the people involved or the nature of the assets. An attorney’s job is to help you understand the steps, file the proper paperwork at the proper time and make appropriate decisions about the people, property and debts involved. Although I have been working as a probate attorney for over 20 years, I find that each case has unique individuals with different needs and addressing that complexity often results in a simplified probate experience.
The general steps for probate are as follows:
- Secure Decedent’s Assets & Pets Needing Immediate Attention
- File the Petition to Open Probate
- Locate and Manage Estate Assets
- File an Inventory of the Decedent’s Assets with the Court
- Search for Creditors and Claims Against the Estate
- Prepare Assets for Distribution, Pay all Approved Estate Claims
- Prepare and File All Tax Returns, and Pay All Taxes Owed
- File an Accounting with the Court
- Distribution to Heirs/Beneficiaries