Answering Your Questions About Wills and Probate

We frequently work with people who have been told or led to believe that having a will is sufficient to prevent their surviving family members or other heirs from having to deal with probate. This is simply not true. Having a will alone does not mean your estate will not go through probate.

The Oregon probate process is not in place solely to deal with estates of those who die without a will or trust (intestate succession) — or even to accomplish other useful things such as resolving disputes and creditor claims.

Probate is required when there is no other legal way to transfer title to assets. For example, if you were to pass away with a house in your name alone, your will may specify that the house should go to your surviving spouse or a child — but you are not alive to sign over the deed.

If you are dealing with an estate that must go through probate, Portland attorney Phil Hingson can provide capable, efficient representation at a reasonable rate. Under certain circumstances, we have also been able to apply specific legal tools to avoid probate even after the property owner has passed on. When you contact us, you can be confident that we will look at all the alternatives and be able to take the best available action according to your needs.

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