Is probate always needed?
Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will own that property automatically. If a person dies leaving few assets, such as personal belonging or household goods, these items typically can be distributed among the rightful beneficiaries without the supervision of the court.
Probate TerminologyDecedent: A “decedent” is the person who died leaving an estate that needs to be paid to creditors or transferred to heirs or devisees. PR: The Personal Representative is the person appointed by the court that will be responsible for the administration of the probate. Estate: The “estate” means all of the decedent’s property that is subject to administration by a court. This does not include property that transfers automatically to others following death (such as joint bank accounts). Intestate: An estate that is intestate is one where the decedent did not have a will. Heirs: The “heirs” are the people who would inherit the decedent’s estate under Oregon’s laws of intestacy, ORS 112.017 to 112.115 (such as family members). Devisees: The “devisees” are people named in the will to receive the decedent’s estate. Charities can also be devisees.
- Initial Consultation.
- Within two weeks after the initial consultation a Petition I usually filed with the court (if all information requested has been received).
- Usually within two weeks of filing the Petition the court will appoint the Personal Representative and send the Letters of Appointment.