Probate

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Probate

Probate is the court process that allows for a deceased individual’s assets to be transferred to the proper beneficiaries.  The personal representative of the estate must petition the court for permission to initiate this process.  Probate is necessary to clear title to real estate or other assets that are held in the name of a deceased person, when there is no surviving joint owner or beneficiary.  Probate provides a venue for debts of the deceased person to be paid and to settle any disputes among beneficiaries or creditors. This process can last several months and involves several steps, each required by Oregon law and court rules.  A qualified probate attorney can significantly help alleviate the administrative burden and ensure each step required by law is followed.

Probate Attorney in Eugene, Springfield - Oregon

Testate

If an individual has a Will at the time of their passing, that person is deemed to have died testate, meaning with a valid Will.  The Will helps to govern the administration of that individual’s estate.  The Will nominates a personal representative and tells the personal representative who the beneficiaries are and what each beneficiary should receive.  The court will review the Will to make sure that it conforms with the required legal formalities before allowing distribution of estate assets.

Intestate

If an individual passes away without an estate plan, or their Will is determined by the court to be invalid, the individual is deemed to have died intestate, meaning without a valid Will.  Beneficiaries of an intestate estate are determined by Oregon law, often going to the individual’s next of kin. A probate attorney can assist you in petitioning the court to become the personal representative of an individual’s intestate estate.

Personal Representative Duties

The personal representative bears an exceptional amount of responsibility while mourning the loss of a loved one. The personal representative must follow certain statutory requirements, which include providing formal notice to the heirs and beneficiaries, inventorying and accounting for all the estate’s assets and liabilities, and then distributing the assets to the appropriate beneficiaries.  A probate attorney can help make this process as smooth and timely as possible and relieve undue burden on the family.

Probate: Testate and Intestate Attorney in Eugene, Springfield - Oregon

Janet Johnson

Probate Paralegal

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Probate Paralegals

Janet and Dannee are probate paralegals here to assist new clients with the probate intake process. They will help you to gather relevant information and understand what the probate process will be like. Our office has decades of experience helping families navigate probate.

Dannee Damerell

Probate Paralegal

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Our team has assisted families with hundreds of probate matters. When you hire us, you are adding a team that is there to help show the way forward and carry the burden with you.

Email or call us today to schedule your estate planning consultation.

541-345-4312

Based in Eugene – Springfield. Serving greater Oregon.