Probate & Trust Administration

Probate is the court-supervised process of distributing a deceased person’s assets and settling their debts.

• Court validates the will and appoints a personal representative
• Assets are inventoried and appraised
• Debts and taxes are paid
• Remaining assets are distributed to beneficiaries
• The process ensures legal transfer of ownership

Oregon probate typically takes 6–12 months for simple estates, and longer for complex estates with disputes or tax issues.

• Simple estates with clear wills finish faster
• Complex estates with business interests take longer
• Contested wills significantly extend the timeline
• Tax issues or creditor disputes add months
• Court schedules and paperwork requirements affect timing

A personal representative is the person appointed by the court to manage and distribute a deceased person’s estate.

• Named in the will or appointed by the court
• Has legal authority to handle estate assets
• Responsible for paying debts and taxes
• Must distribute assets according to the will
• Accountable to the court and beneficiaries

No, some assets avoid probate through proper planning, but most estates require some court involvement.

• Assets held in trusts avoid probate
• Joint ownership transfers automatically
• Beneficiary designations bypass probate
• Small estates under $200,000 may use simplified procedures
• Real estate typically requires probate unless held in trust

Trust administration is the process of managing and distributing trust assets according to the trust document’s terms.

• The trustee has a fiduciary duty to beneficiaries
• Must follow specific trust instructions
• Involves asset management and distributions
• Requires detailed record-keeping and accounting
• Generally avoids court supervision, unlike probate

Oregon probate costs typically range from $3,000–$15,000 depending on estate complexity, including court fees and attorney fees.

• Court filing fees start around $300
• Attorney fees vary based on estate size and complexity
• Personal representatives may receive compensation
• Appraisal and accounting fees add to costs
• Complex estates with disputes cost significantly more

Trustees must manage trust assets responsibly, make distributions according to trust terms, and maintain detailed records.

• Invest and protect trust assets prudently
• Make distributions according to the trust document
• Keep detailed financial records and accountings
• File necessary tax returns for the trust
• Communicate regularly with beneficiaries about trust status

Yes, but Oregon requires out-of-state personal representatives to appoint a local agent or attorney for court proceedings.

• Must have an Oregon resident as a registered agent
• A local attorney can serve as the registered agent
• Court communications go through the Oregon agent
• This requirement simplifies legal proceedings and court compliance
• Washington has similar requirements for non-resident representatives