Did your loved one name you executor of the estate in his or her will? Did your loved one pass on without leaving a will? Whatever the case may be, you can benefit from the representation of an experienced lawyer at Leahy Cox, LLP.

Our lawyers will help you navigate all aspects of estate administration. We recognize that you are coming to us at a difficult time, so we will do everything possible to make legal matters easy for you. Our goal is to do the work so you can focus on being with your family.

Probate

Through the probate process, the court will determine if the deceased’s will is valid. The deceased’s property will be inventoried and appraised. The deceased’s debts will be paid, as will estate taxes, if applicable. The remaining property will be divided in accordance with the will. If there is no will, property will be divided according to Oregon law. Our estate administration attorneys in Springfield, Oregon, assist with all aspects of the process.

Small Estate Affidavits

Small estates can be managed through a much simpler process referred to as a Simple Estate Affidavit.  A simple estate is defined as an estate that holds less than $200,000 in real property and less than $75,000 in personal property.  A Simple Estate Affidavit can also be used for all assets the decedent had a trust-based estate plan but failed to transfer all assets into the trust.

Trust Administration

Perhaps your loved one created a trust and you have been named successor trustee. Our lawyers can assist with all aspects of trust administration.

Frequently Asked Questions About Estate Administration In Oregon

Understanding estate administration can feel overwhelming, especially during a time of loss. This section answers common questions about the process in Oregon, from an executor’s duties to handling taxes and creditor claims.

What are the responsibilities of an executor in estate administration?

The executor, also called a personal representative in Oregon, is responsible for managing the estate of a deceased person. Their main tasks include:

  • Locating and valuing assets
  • Paying debts and taxes
  • Notify interested parties, including heirs and creditors
  • Distributing what is left to the rightful heirs or beneficiaries
  • File the required documents with the probate court
  • Keep detailed records and report to the court as needed

Acting as an executor requires honesty, organization and the ability to follow Oregon’s probate laws.

How are taxes handled during estate administration?

Taxes are a key part of settling an estate. The executor must file the deceased person’s final income tax return and, if necessary, an estate tax return. In Oregon, an estate may owe state and federal taxes depending on its value.

Generally, taxes to consider include:

  • Final federal and state income tax returns
  • Oregon estate tax (if the estate is worth more than $1 million)
  • Federal estate tax (if applicable under federal law)

The executor is responsible for paying all tax debts before distributing assets.

What are the grounds for contesting a will in Oregon?

A will can be contested if someone believes it is invalid. In Oregon, legal grounds for contesting a will include:

  • Lack of testamentary capacity, such as if the person was not of sound mind
  • Undue influence (someone pressured the deceased into making the will)
  • Fraud or forgery
  • Improper execution, such as the will not being signed or witnessed correctly
  • Improper beneficiary involvement (If a person who benefited from the will also helped prepare or witness it)

Anyone contesting a will must usually act soon after it is filed with the court.

Can creditors make claims against an estate during administration?

Yes, creditors have the right to make claims for unpaid debts. The executor must notify known creditors and publish the notice in a local newspaper.

Creditors usually have four months to file a claim from the date of first publication.

If a claim is valid and timely, the executor must pay it from estate funds before assets go to heirs or beneficiaries.

Contact Our Eugene Probate Attorneys

Call us at 541-746-9621 or providing the information below to discuss scheduling an initial consultation.

Estate Administration

Did your loved one name you executor of the estate in his or her will? Did your loved one pass on without leaving a will? Whatever the case may be, you can benefit from the representation of an experienced lawyer at Leahy Cox, LLP.

Our lawyers will help you navigate all aspects of estate administration. We recognize that you are coming to us at a difficult time, so we will do everything possible to make legal matters easy for you. Our goal is to do the work so you can focus on being with your family.

Probate

Through the probate process, the court will determine if the deceased’s will is valid. The deceased’s property will be inventoried and appraised. The deceased’s debts will be paid, as will estate taxes, if applicable. The remaining property will be divided in accordance with the will. If there is no will, property will be divided according to Oregon law. Our estate administration attorneys in Springfield, Oregon, assist with all aspects of the process.

Small Estate Affidavits

Small estates can be managed through a much simpler process referred to as a Simple Estate Affidavit.  A simple estate is defined as an estate that holds less than $200,000 in real property and less than $75,000 in personal property.  A Simple Estate Affidavit can also be used for all assets the decedent had a trust-based estate plan but failed to transfer all assets into the trust.

Trust Administration

Perhaps your loved one created a trust and you have been named successor trustee. Our lawyers can assist with all aspects of trust administration.

Frequently Asked Questions About Estate Administration In Oregon

Understanding estate administration can feel overwhelming, especially during a time of loss. This section answers common questions about the process in Oregon, from an executor’s duties to handling taxes and creditor claims.

What are the responsibilities of an executor in estate administration?

The executor, also called a personal representative in Oregon, is responsible for managing the estate of a deceased person. Their main tasks include:

  • Locating and valuing assets
  • Paying debts and taxes
  • Notify interested parties, including heirs and creditors
  • Distributing what is left to the rightful heirs or beneficiaries
  • File the required documents with the probate court
  • Keep detailed records and report to the court as needed

Acting as an executor requires honesty, organization and the ability to follow Oregon’s probate laws.

How are taxes handled during estate administration?

Taxes are a key part of settling an estate. The executor must file the deceased person’s final income tax return and, if necessary, an estate tax return. In Oregon, an estate may owe state and federal taxes depending on its value.

Generally, taxes to consider include:

  • Final federal and state income tax returns
  • Oregon estate tax (if the estate is worth more than $1 million)
  • Federal estate tax (if applicable under federal law)

The executor is responsible for paying all tax debts before distributing assets.

What are the grounds for contesting a will in Oregon?

A will can be contested if someone believes it is invalid. In Oregon, legal grounds for contesting a will include:

  • Lack of testamentary capacity, such as if the person was not of sound mind
  • Undue influence (someone pressured the deceased into making the will)
  • Fraud or forgery
  • Improper execution, such as the will not being signed or witnessed correctly
  • Improper beneficiary involvement (If a person who benefited from the will also helped prepare or witness it)

Anyone contesting a will must usually act soon after it is filed with the court.

Can creditors make claims against an estate during administration?

Yes, creditors have the right to make claims for unpaid debts. The executor must notify known creditors and publish the notice in a local newspaper.

Creditors usually have four months to file a claim from the date of first publication.

If a claim is valid and timely, the executor must pay it from estate funds before assets go to heirs or beneficiaries.

Contact Our Eugene Probate Attorneys

Call us at 541-746-9621 or providing the information below to discuss scheduling an initial consultation.