Do I have to file for probate in Oregon?
Probate is not always needed or desirable when someone dies in Oregon. There are instances when property transfers without having to go to court. Other times, probate is the only way to transfer the property from the person who died to the heirs.
When is Probate needed?
- To transfer property or real estate that is titled in the deceased person. This is most common when there is real estate that is titled only in the name of the deceased person but may also be need when there are bank accounts and investment accounts.
- To resolve conflicts among the heirs. The children and family of the deceased person may not agree about the authenticity of the will or may have other issues involving the estate.
- To collect debts and enforce other rights. People may owe the deceased person money or have other obligations that can be enforced by the personal representative of the estate.
When is Probate not needed?
- There are no assets or the assets are not titled.
- Transfer-On-Death and Payable-On-Death selections were made and the assets were transferred to the beneficiary automatically.
- The property was jointly owned and transferred to the co-owner automatically at death.