The estates of those who recently passed away in Oregon go through probate soon after their death. Probate is a process supervised by the court system in which a will is authenticated before assets are released. Estates without a will are considered intestate and still enter into probate before they are distributed.
During probate, the final bills of the deceased are paid, the value of the assets is assessed and final taxes are paid. The will must be filed properly, along with the death certificate of the estate holder, with the courts. Then the remainder of the estate is distributed according to the will. Estates without a will go through probate, where taxes and bills are paid. The estate is then split up according to the laws of the state.
A court hearing is often necessary during probate to authenticate the will. A probate judge oversees the proceedings. Witnesses may be called upon to authenticate the will. If everything is in order, the judge will validate the will. In Oregon, the only way to avoid probate is for estate holders to make a living trust. A trust document and a successor trustee are required for a living trust to be valid. Without a living trust, an estate in Oregon must enter probate for a minimum of four months.
Estate holders often work their entire lives to leave their families in a better position upon their death. Decedents should be able to determine where their estates will go before they pass. Creating a living trust or a will is often the best way for an estate holder to take care of his or her family and loved ones after passing away. An estate planning attorney might be able to help by looking at an individual’s assets and helping him or her leave them to his or her loved ones.