What Triggers Probate in Oregon?

Without someone filing a petition with the court, nothing will trigger probate in Oregon.  The better question to ask is: When is Probate Required in Oregon?

Probate is a legal process that occurs after a person's death and involves the distribution of their assets according to their will or state laws. In the state of Oregon, probate can be required in several situations.

The most common reason for probate in Oregon is the death of a person who owned property in their own name, without any joint owners or beneficiaries designated. In this case, the probate court will oversee the distribution of the deceased person's assets to their heirs or beneficiaries.

Another common reason for probate in Oregon is the need for someone to pursue a legal action in the decedent’s name.  In this situation, the Court will appoint a personal representative. 

It's important to note that not all assets are subject to probate in Oregon. For example, assets that are held in a trust or that have a designated beneficiary, such as a life insurance policy or retirement account, may not go through probate.

If you have any questions, please feel free to contact us.