How do you know if you need to go through Probate?
After a family member passes away, one question that often comes up is whether an Estate must be Probated.
Probates are state specific and are required based on where the person lived, passed away, and/or held property. Below is a general overview to help determine whether the Estate likely requires a Probate in Oregon (our firm also handles Washington and California Probates).
To start, there is a common misconception regarding Wills and probate; namely, that if you have a Will, then probate is not required. Unfortunately, this is not the case. Living Trusts are the estate planning document that avoid probate. Wills (when the assets dictate, actually require probate). The definition of “Probate” is “the official proving of a will.”
Now to the real question: Does this Estate require Probate?
Do all of the Assets of the Estate Have a Specific Beneficiary Designated?
- No: Take the value of the Probate assets and apply them to the calculator below.
- Yes: It is likely that no probate will be required.
Please note that the above information is not legal advice and is meant to provide general information regarding the Probate forms. We strongly recommend that you speak to an attorney regarding whether an Estate requires Probate. There are many intricate nuances to the Probate process, but we hope that you find the above information helpful in understanding the general initial calculation.