A probate attorney advises a personal representative and help guide them through the probate process. While the steps of administering a probate estate in Oregon initially appear simple, there are many opportunities for mistakes and for malpractice.
A large part of the job of a probate lawyer is to understand the nature of the assets of decedent. Do they belong in the probate estate or do they pass outside of probate? Are the assets located in Oregon or another state? If they are located in another state, the Personal Representative may have to administer an ancillary probate in that state.
Because the probate process in Oregon is court administered, filing with the court and requesting court permission takes up much of a probate attorney's time. While personal representatives sometimes have an adversarial view of court administration, the State of Oregon has passed these legal requirements in order to protect the deceased, their heirs and anyone who may have had financial dealings with them.
If you have any questions regarding what a probate attorney does, please feel free to contact me.