The probate process can be lengthy - and costly. If you are concerned that your estate will be bogged down in the probate process, you need to act now to keep your estate out of probate. Contact an attorney who knows probate and estate administration law to learn more about the best methods to keep your estate out of probate.
Experienced Estate Planning and Probate Lawyer in Portland
Attorney Philip A. Hingson has been practicing estate and elder law in Oregon since 1992, developing in-depth knowledge that benefits clients financially and an advanced ability to explain estate planning, probate, trust administration, and related issues in plain English clients can understand. From basic wills and soundly constructed powers of attorney and advance directives to complex trusts that account for tax planning and business interests, Phil Hingson is well equipped to understand your needs and present strategically sound, practical options
People across the economic spectrum are encouraged to contact us at The Hingson Law Firm PC for a productive consultation leading to confident decisions that protect their assets and families' interests.
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Based in a convenient office location right off I-5 and Highway 217 in Portland, The Hingson Law Firm PC welcomes and serves clients from across much of Northern Oregon, including Multnomah, Washington, Clackamas, Marion, Linn, Hood River, Yamhill, Columbia, Polk, Tillamook, Clatsop and Lincoln counties.
A proven resource for people with straightforward or complex estate planning needs as well as those requiring trust administration or probate counsel, attorney Phil Hingson frequently serves clients from the Portland metro as well as communities such as Lake Oswego, West Linn, Wilsonville, Tigard, Tualatin, Astoria, Beaverton, Hillsboro, Saint Helens, Gresham, Woodburn, Canby, Newport, Depoe Bay and the Dalles.
The Probate Process
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.
If you are the executor of an estate, contact an experienced probate attorney at Hingson Law Firm P.C. in Portland, Oregon to schedule a consultation with an experienced probate attorney who can help you identify and carry out your estate administration duties.
Probating the Estate
Despite the variation in state laws, probating the estate generally includes the following functions:
- Petitioning the court to probate the will
- Sending notice to creditors, beneficiaries and any other interested parties
- Collecting, inventorying and appraising all estate assets
- Collecting any payments, debts and income due to the estate
- Paying any debts owed by the estate, including filing and paying local, state and federal taxes
- Distributing any remaining assets to beneficiaries in accordance with the terms of the will
Small Estates
Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process allows probating the estate before a court administrator rather than the probate court which can cut down on the time and cost of probate.
Disadvantages of Probate
Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.
Lack of privacy: Probate matters are part of the public record allowing anyone to find out the size, contents and beneficiaries of the estate. This lack of privacy can cause tension between family members.
Intestacy
If someone dies without a will or the probate court determines the will is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first followed by parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.
Contact a Probate Attorney Today
An experienced probate and estate administration lawyer can help simplify the probate process for you. Contact Hingson Law Firm P.C. in Portland, Oregon for more information and to schedule a consultation.
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