What Is Probate in Tualatin Oregon?

Probate is a court procedure that serves a few purposes. In a nutshell, the Court verifies and acknowledges a decedent’s Last Will and Testament, appoints a Personal Representative to shore up the decedent’s assets, make sure any of the decedent’s creditors get paid from estate property, and then distribute the remaining estate property to the decedent’s lawful heirs. The entire process takes at least 5-6 months in Oregon. Oregon Revised Statutes Chapters 111-119 govern the probate process. Probate is typically filed at the county court where the decedent lived. Tualatin is a bit unique because part of the city is in Washington County, and part is in Clackamas County—which means both county courts probate decedent’s estate that lived in Tualatin.

Example: Dad passes away and leaves a Will naming his daughter as the Personal Representative of his estate. The daughter petitions the Court to appoint her as Personal Representative, and the Court does in fact appoint daughter as Personal Representative. She files an inventory of all of Dad’s assets with the Court. Daughter sends notice to all of Dad’s known creditors, and publishes a notice in the newspaper to notify any potential unknown creditors. Daughter opens a bank account in the name of Dad’s estate. She closes down Dad’s personal bank accounts and transfers the money to the new estate account. She sell’s Dad’s house and deposits the sale proceeds into the estate account. She then pays all of Dad’s valid creditors, to include paying his final taxes, out of the estate account. Daughter then files an accounting with the Court, accounting for every last penny that the estate has dealt with. She then petitions the court to approve the accounting, and for permission to distribute the estate’s assets to Dad’s lawful heirs. Upon court approval, she distributes the estate’s assets and the Court “closes” the probate case.

Getting Started

If a loved one has passed on, you should consult with an Oregon attorney soon to make sure the proper steps are taken to initiate the probate process (if needed). The attorneys at the Law Office of David Johnson are very experienced at diverse probate matters. The Law Office of David Johnson is located at 18840 SW Boons Ferry Rd. Ste. 222, Tualatin, OR 97062. Call 503-575-1332 for a free initial consultation.