Probate

“Death is not the end. There remains the litigation over the estate.”

– Ambrose Bierce

Introduction: What is Probate?

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Probate is the legal process of identifying, dividing up, and giving out the property of the deceased.  If the deceased left a last will and testament, it is presented to the judge to be proved true and then the will directs where certain property goes.

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If there is no will, or if a will cannot be found, the judge will use Oregon’s Laws of Intestacy to create a standard will for the deceased.

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Some property may not need to go through probate as it may transfer by contract, via trust, through joint ownership, or beneficiary designation. Consult with an attorney to help you decide whether probate will be required in your case.