My why
Doing probate real estate holds a special place in my heart because I personally experienced the challenges and emotional toll it takes when I helped my dear aunt navigate through this complex process when my grandma passed. Witnessing firsthand the difficulties and the rollercoaster of emotions involved, I developed a profound empathy for those going through similar situations and thought there needs to be more help for families going through this. How can I take my business of real estate and be of service to these families? The rewards of providing guidance, support, and a sense of relief to individuals during such trying times are immeasurable. Knowing that I can make a positive impact by helping others in their probate real estate journeys fills me with a profound sense of purpose and fulfillment.
I have spent many hours educating myself about the process in Lane County OR, building a team of clean-out crews, housecleaning, landscaping, general contractors, attorneys, estate sale companies…you name it! If I don’t have the resource for you, I’ll find it! I can oversee the entire process for you or simply give you referrals to help you on your path. Having someone who knows how the process works can help you save time, money and energy. I can work directly with your attorney to help you get to the end of this somewhat long, emotional and oftentimes, lonely process.
Please feel free to call, text or email with questions.
541-543-8354
One easy thing I can do right in the beginning is give you a ballpark “value” of the home in the estate. Click here to set up an appointment for me to come by and check out the house.
What is Probate?
Probate 101
Probate can be a complex and overwhelming procedure, but with the right knowledge and resources, you can navigate it smoothly. Whether you’re a personal representative, a beneficiary, or simply seeking information, we’re here to help you take the first steps towards a successful probate process.
Section 1: What is Probate?
Probate is the legal process of administering a deceased person’s estate. It involves validating the will (if one exists), identifying and gathering the assets, paying off any debts or taxes, and distributing the remaining assets to the beneficiaries. The probate court oversees this process to ensure fairness and adherence to the law.
Section 2: Probate Process in Oregon
In Oregon, the probate process typically follows these key steps:
1. Filing the Petition: The probate process begins by filing a petition with the appropriate probate court. This can be done by the executor named in the will or by an interested party if there is no will. We always advise getting an attorney. We have several wonderful attorneys we can recommend.
2. Notifying Interested Parties: After filing the petition, the court will require the executor to notify all interested parties, including beneficiaries and creditors. This allows them to participate in the probate proceedings if necessary.
3. Inventory and Appraisal: The executor is responsible for creating an inventory of the deceased person’s assets, including their real estate, bank accounts, investments, personal property, and more. An appraiser may be involved to determine the fair market value of certain assets. You can sell the home/s in the estate before the close of probate. But the money will sit in the probate account until distribution.
We can help if you need direction with finding an appraiser or estate sale company.
***If there is real estate in the estate this is the time to start a conversation with a Realtor® about what you need to do to get the home into sellable condition. We have a fantastic program that can get the home repaired/cleaned/updated with no out of pocket costs to the Personal Representative.
4. Paying Off Debts and Taxes: The estate’s debts and taxes must be settled before distributing the assets to the beneficiaries. This includes notifying creditors, resolving any outstanding bills, and filing the appropriate tax returns.
5. Distribution of Assets: Once all debts and taxes are paid, the remaining assets can be distributed among the beneficiaries as outlined in the will or according to Oregon’s laws of intestate succession if there is no will.
Section 3: Getting Started in Oregon
If you’re ready to begin the probate process in Oregon, here are some essential steps to consider:
1. Consult an Attorney: Probate laws can be complex, so it’s advisable to seek guidance from an experienced probate attorney. They can help you understand the legal requirements, navigate the court system, and ensure compliance with all necessary procedures. Ask us for our list of recommended attorneys.
2. Gather Important Documents: Collect all relevant documents, including the original will (if available), death certificate, financial statements, property deeds, and any other records related to the estate.
3. File the Petition: Prepare and file the necessary petition with the appropriate probate court in the county where the deceased person resided. The court clerk can provide you with the specific forms required.
4. Notify Interested Parties: Notify all beneficiaries, creditors, and other relevant parties of the probate proceedings as required by Oregon law.
5. Seek Professional Assistance: Consider hiring professionals such as appraisers, accountants, and tax advisors to help with inventory, valuation, and tax obligations. We have a list of vetted professionals that can help!
Remember, each probate case is unique, and the process may vary depending on the complexity of the estate and the specific circumstances. Seeking professional advice and ensuring compliance with Oregon’s probate laws will help you navigate the process more effectively.
Probate can be a challenging process, but with the right knowledge and support, you can successfully navigate it. Understanding the basics of probate, following the necessary steps, and seeking professional guidance will help you streamline the process and ensure a fair and efficient distribution of assets.
Remember, we are here to assist you every step of the way, providing valuable resources and expertise to help you through your probate journey in Lane County Oregon.
