Probate is the legal process where the court oversees the distribution of assets of the deceased individual to creditors and heirs.
In Oregon there are two possible processes:
- Full Probate.
- Small Estate Affidavit.
Which process is available or needed depends upon the size of the decedent’s estate, possible disputes, and what protections are desired for the personal representative, heirs, and devisees.
Probate is not always needed. Generally, probate is needed for assets that do not have survivor provisions or named beneficiaries. Probate may also be needed when there are disputes related to the will or assets of the decedent or money was owed to the decedent. Most vehicles can be transferred without the need for probate. If the decedent had very little, then probate is usually not needed.