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.”
Do all of the Assets of the Estate Have a Specific Beneficiary Designated?
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