Oregon Probate and Estate Administration

Probate and estate administration involve handling a deceased person’s assets and ensuring their proper transfer. If no probate-avoidance strategies were in place before death, Oregon law may require a probate court process—especially if the individual was a resident or owned property in the state. Probate can be either supervised or unsupervised. In an unsupervised probate, the appointed estate administrator takes charge of managing assets, settling debts, filing taxes, and completing necessary court filings. However, the court has the authority to shift to a supervised probate at any time, often in response to concerns raised about the estate’s management. A supervised probate requires a judge to approve each step of the administration process.

Minimizing or Avoiding Probate

Since probate can be costly, time-consuming, and open to the public, many individuals take steps to bypass it. Several legal methods exist to transfer assets outside of probate, including:

• Joint Ownership (Joint Tenancy & Tenancy by the Entirety)

Adding a co-owner to your property under “joint tenancy with rights of survivorship” allows it to pass directly to them upon your death. However, this approach has risks, including exposing your assets to the co-owner’s creditors, lawsuits, or financial decisions while you are still alive.

• Beneficiary Designations

Oregon allows Transfer on Death (TOD) and Pay on Death (POD) designations for bank accounts and certain assets. These designations ensure assets are passed directly to named beneficiaries, avoiding probate. However, this method may complicate ensuring an equitable distribution among heirs, and beneficiary designations override instructions in a will, which can lead to unintended outcomes.

• Revocable Living Trusts

A Revocable Living Trust establishes a separate legal entity to hold ownership of assets during your lifetime. You serve as the trustee, maintaining full control while alive. Upon death or incapacitation, your chosen successor trustee steps in to manage or distribute assets per your trust’s instructions—bypassing probate entirely. A well-structured trust can also provide protections for heirs, such as shielding assets from creditors or ensuring inheritance security for minor children.

Trust and Estate Administration in Oregon

Even when probate is avoided through a trust, administration is still required. This includes notifying beneficiaries, gathering and valuing assets, handling debts and taxes, and ensuring distributions comply with the trust terms. Successor trustees may find this process overwhelming, as it requires legal, financial, and tax-related expertise. In some cases, families opt to involve a corporate fiduciary (such as a trust company) to handle administration rather than placing the burden solely on relatives or friends.

Our firm assists successor trustees in navigating trust and estate administration complexities. Whether you need guidance on an existing trust or are planning your estate, we offer expert legal support to help ensure a smooth transition of assets. Contact our office for a consultation, regardless of whether we originally drafted your trust.