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Oregon Probate Questions & Answers
2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 1, 2022

Get a certified copy of the Will at whatever Probate Court it was filed. If the Will was not probated, then it means nothing.

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2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Theressa Hollis
Theressa Hollis
answered on Dec 2, 2022

It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then... Read more »

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1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

1 Answer | Asked in Probate for Oregon on
Q: A mother of 3 adult children 1 living with her dies intestate. How do they determine personal representative?

This is an assignment for LAw 105 Estate Administration & Probate Practice; She has three children, two of them live on their own, and one is living with her. The one living with her has made renovations to the residence. The other two children wish to sell the house at market value, not... Read more »

Theressa Hollis
Theressa Hollis
answered on Nov 7, 2022

In Oregon, when a person who dies intestate (with no Will) you must look to ORS 112.045 to determine who the estate goes to. If the decedent had no spouse at her death her three children will split the estate equally (assuming she has no children who have predeceased her and left children of their... Read more »

1 Answer | Asked in Probate and Estate Planning for Oregon on
Q: in oregon are you required to file probate with court if you don't need it to help you disburse, only household stuff ?
Theressa Hollis
Theressa Hollis
answered on Oct 28, 2022

Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.

1 Answer | Asked in Probate for Oregon on
Q: What does it mean when a bond is not waived in a decedent's testate estate will?
Theressa Hollis
Theressa Hollis
answered on Oct 17, 2022

In an Oregon probate a bond is essentially an insurance policy protecting the heirs and creditors. If the Personal Representative stole money from the estate the bond company would reimburse the estate and go after the Personal Representative for the money personally. Most of the time the bond is... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

1 Answer | Asked in Probate for Oregon on
Q: What confirmation do you need to prove as an heir?

I recently found out who my father was through Ancenstry DNA which linked me to my grandmother and Aunts. My father passed away when I was young and never had the chance to know him, however, I had found out my grandfather had passed away and his estate is in probate court. I personally was not... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 14, 2022

You should contact the attorney and ask him/her what they want for proof of the fact that you are an heir.

If you need further assistance you should hire a probate attorney.

2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 22, 2022

I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My dad named me on his living trust. Lawyer says I'm getting nothing. Can I be named not to get anything
Theressa Hollis
Theressa Hollis
answered on Aug 12, 2022

It depends on how you are named in his Trust. If you are a beneficiary then you should receive something (after payment of his debts and taxes). If you are simply named in the family section but he did not list you as a beneficiary then you would not receive anything. If you have a copy of your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Does a deed overshadow, a will?

I live in Oregon. My dad died and left a will, that gives his 4 children 50% of his home; and the other half to his wife. We are having to go to probate, due to his wife’s daughter wanting her mother to have 100% of the home. The deed was not changed to add the names, of my siblings and I. The... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 2, 2022

Not sure of your question, but a Deed takes effect on execution, while a Will has no effect until it is Probated, if ever. If the Deed gave the real property to the survivor, then the wife owns at his death, and it does not go through an Estate or to his Heirs.

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?
Theressa Hollis
Theressa Hollis
answered on May 25, 2022

No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.

If you wish to avoid probate you can name your beneficiaries...
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1 Answer | Asked in Probate for Oregon on
Q: Dad just passed in OR. Unwed partner claims only will from the 1990s in AK. Is an old will still valid? How do I get it?

We have no idea what attorney he used and the partner claims to not have a copy.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Dad passed in OR this year. How do I get the will? How long does the Executor have to contact me?

Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

If you can find out the name of the Executor's attorney I recommend contacting this person. If not then you will have to contact the Executor directly to ask your questions.

1 Answer | Asked in Probate for Oregon on
Q: How are proceeds on a house divided in Oregon, titled as husband and wife upon a death? Death 10 years ago.

When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 20, 2022

The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the... Read more »

1 Answer | Asked in Family Law and Probate for Oregon on
Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 18, 2022

I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Will I get in trouble for not probating dead husband’s will? He was the beneficiary of oil rights and monthly earnings

Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 6, 2022

You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is a mobile home on rented land considered personal property in my Will?

(Rather than real property, when making bequests.)

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2022

Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... Read more »

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