The days, weeks, and months following a loved one’s passing can be devastating and overwhelming. What’s more, you may need to address the logistical and legal steps associated with administering the estate of your deceased spouse or family member, such as notifying financial institutions of their passing, obtaining official death certificates, and locating their estate planning documents (if any) in order to guide the estate administration process. Many grieving families may be confused when they hear the term probate, as most people are not familiar with this formal legal process until they experience the death of a loved one. Essentially, probate refers to the administration of the deceased individual’s estate who passes with either a will or no will in place. Probate involves a series of steps that need to be completed in order for the legal process to come to a close.
Navigating the probate process in Oregon or Washington can seem daunting for those unfamiliar with it, which is why the dedicated legal team at Myatt & Bell, P.C., is committed to guiding Pacific Northwest residents through the probate process with the care and reassurance they need during this difficult time. In our last post, we explored some of the immediate steps that grieving loved ones should take after the death of a spouse or family member to facilitate a smoother estate administration process. Now, we’re ready to help you learn more about the probate process in Oregon and Washington so that you can approach this process with greater understanding and confidence. If you have any questions about what to expect during probate, or whether your loved one’s estate may bypass the probate process altogether, please reach out to our office to discuss your concerns with a knowledgeable and experienced Washington and Oregon probate attorney.
What is Probate?
First, it’s worth taking a look at the legal definition of probate. According to the American Bar Association (ABA), “Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.” In other words, probate ensures that the wishes put forth in the deceased individual’s will are known and carried out. In cases where no valid will exists, the personal representative and the probate court will use state intestacy succession laws to administer the estate. In Oregon, probate is not always necessary (i.e., estates with a trust, or cases where a surviving spouse is named as a joint owner on all bank accounts and policies). Similarly, estates in Washington may not always be subject to probate, so it’s worth discussing the specifics of your situation with a trusted and caring probate lawyer for the personalized guidance you need to proceed with clarity and confidence.
How Probate Works: Key Steps in the Probate Process
If an estate is subject to probate, it’s helpful to understand the basic steps that will need to be followed before the court can close these proceedings. Whether you are a beneficiary or you have been appointed to serve as the personal representative of the estate, familiarizing yourself with the probate process can help to demystify the steps involved and set you up for a more successful probate experience. The probate process in Oregon and Washington are relatively similar, as they both involve the following basic elements.
Filing With the Court
If the decedent left a will behind, this document needs to be located and “proved” to the court. In other words, the court must determine that it is a valid legal document before its terms can be assessed and carried out. Probate proceedings can be initiated by filing the necessary documents with the Superior Court.
Appointing a Personal Representative (or Executor)
If the will named an individual to serve as the personal representative of the estate, this person will need to petition the court for its approval. Doing so allows the court to issue letters testamentary and nonintervention powers, which grant the personal representative the authority to administer the estate without needing the court’s approval for every action taken during this process. In cases where no will exists, someone will need to petition the court to serve as the estate’s personal representative. Or, the court will select a personal representative (such as the decedent’s spouse or even a banking professional) to serve in this capacity.
Notifying Creditors and Beneficiaries
Next, the personal representative must publish a notice to creditors in a local newspaper to inform them of the decedent’s passing. Moreover, they must notify all known creditors that this individual has passed away. If the decedent has any outstanding debts to creditors, these creditors may bring claims against the estate. Additionally, the personal representative will need to contact the heirs of the decedent to notify them of this individual’s passing.
Inventorying and Managing Estate Assets
The personal representative has the significant responsibility of identifying, cataloguing, and assessing the value of the deceased person’s assets. They can seek assistance from valuation experts, such as jewelry and real estate appraisers, to ensure that each asset is accurately appraised.
Paying Debts and Taxes Owed By the Estate
Before the estate’s assets can be distributed among the beneficiaries, the personal representative must pay any outstanding debts and taxes owed by the estate. This can mean that credit card balances will be paid to the creditors who bring valid claims against the estate, and any applicable tax obligations will be addressed.
Distributing the Assets Among the Beneficiaries
Once debts and taxes have been paid, the remaining assets will be transferred to the intended beneficiaries according to the terms of the will or applicable intestate laws. Should any issues arise during this process, you can enlist the guidance of a trusted and skilled probate attorney to help you resolve the matter as smoothly and effectively as possible.
Learn More About Probate and Estate Administration Today
The thought of navigating the legal steps after a death can seem intimidating and confusing. However, it’s essential to recognize that you are not alone in moving through this process. When you reach out to a knowledgeable and empathetic probate attorney, you can receive the customized legal support you need to move forward with greater understanding and confidence.
If you are mourning the loss of a beloved spouse or family member, it’s natural to feel overwhelmed by the logistical and legal steps that need to be taken. Reach out to the caring and compassionate legal team at Myatt & Bell, P.C., to receive the trusted and effective support you may need. Please contact our Portland, Oregon office at (503) 641-6262 or our Vancouver, Washington office at (360) 360-0212 today to get started with one of our probate attorneys.
The content on this blog is for general informational purposes only and does not constitute legal advice. The author of this blog is not an attorney, and the views expressed are solely those of the author. Always seek the advice of a qualified attorney for legal guidance regarding your unique situation.
