Oregon Inheritance Loans and Probate Advance Law

Jan 08 2019

When a person dies, their estate often must go through probate. The process of probate is designed to monitor the proceedings of distribution of the estate to ensure it follows the wishes of the person as they have outlined in their will. If there is no will, the court will often decide how to handle the estate. Taxes and other debts must be paid as well. Each state has its own statutes on probate, such as deadlines on when you must file and what property is required to be probated.

What are Oregon Probate Laws?

The laws for probate in Oregon are fairly simple even though the actual process can be lengthy and time-consuming. There is both a formal and informal probate which may be used to distribute an estate. With informal probate, the court does not need to supervise the dispersion of the estate.

If you are the executor or administrator of an estate in Oregon, you may find the process overwhelming. While it is not required by law to have an attorney handle an estate, it can make probate much easier. An experienced Oregon probate attorney will be up to date on the current statutes for probate, including deadlines for filing and for following the other steps of the process. They will work for the best interests of the heirs.

There are multiple documents which must be filed in probate. An attorney can help you file those documents before the deadlines and meet all other requirements.

What is the Probate Process in Oregon?

Probate is similar in all states, but the deadlines and other details may differ. It’s important to understand those differences to ensure there are no delays and you are compliant with the law.

  1. Someone must file a petition to open probate with the probate court in the county where the decedent lived. They must also provide the will if one is available. The court will determine the validity of the will and appoint an executor to handle the estate. If there is no will, the court will appoint a personal representative to the estate.
  2. The court will present Letters of Administration or Letters Testamentary to the executor or representative. These letters show that the person has the authority to conduct business on behalf of the estate.
  3. The executor will provide notice to all creditors and heirs. The notice must be published in the local newspaper. For the next four months, creditors may provide documentation proving they have a valid claim against the estate. The executor may dispute the claim, which must then be resolved in court by a judge.
  4. The executor will file an inventory with the court of all assets that are in probate. This must be done within 60 days of the appointment.
  5. Creditors with valid claims must be paid from the assets of the estate. The executor will file tax returns and pay any outstanding taxes at this time.
  6. The executor will provide an accounting statement of all money received in and taken out of the estate. Heirs and creditors will receive a copy of this statement, and the court may approve it.
  7. Once the statement has been approved, the estate may be distributed. The executor must then provide a receipt for each heir of the amount given to them as well as for all creditors. These receipts must be provided to the court. Once the court has approved all documentation, the estate is closed.

Executors play a vital role in the distribution of the estate, but they do not own the assets. The court controls the estate until it has been distributed.

What Property Must Go Through Probate in Oregon?

Not all property must be involved in the probate process in Oregon. It is possible to avoid probate with careful planning. A living trust is the most effective way to prevent the need for probate because all of the assets go directly to the persons named as beneficiaries of the trust. If accounts have a beneficiary named as payable upon death, those assets do not need to go through probate either. Some examples of these accounts include life insurance policies, retirement benefits,  and bank accounts.

If the property is deemed to be a small estate, probate may not be necessary. A small estate in Oregon is one with under $200,000 of real estate and no more than $75,000 in other types of property. A Small Estate Affidavit must be filed with the court.

How Can You Avoid Probate in Oregon?

It is possible for you to avoid having an estate end up in probate in Oregon. You must plan ahead and make sure all property is either included in a living trust or has a co-owner or beneficiary. Probate can be quite expensive and time-consuming. Most estates take at least six to nine months before they are closed. Even small estates will take at least four months. If there is someone to contest the will, it can even be years before the matter is settled.

How Can You Receive Inheritance Funds in Oregon Quickly?

If you want to receive your inheritance funds in Oregon right away instead of waiting for probate, you do have options. Some beneficiaries may receive their funds within just a few days. A probate cash advance will give you the money you want right away. The process is simple and secure, and you are not limited on how you will use the funds.

You can use ProbateAdvance to receive the money from your inheritance now instead of waiting. You will not pay any hidden fees or interest, and you do not need to worry about monthly payments. You don’t need to have a strong credit history to qualify to receive the funds in a few days.

Do You Qualify for an Inheritance Cash Advance?

If you are an heir to an estate in probate, you may qualify for an inheritance cash advance. You can receive the money in as little as two or three days and use it any way you want. Just imagine being able to renovate your home or take a family vacation. It may take only 48 hours to have that money in your bank account.

What Do You Need for a Probate Cash Advance in Oregon?

You will need to provide some basic information and documentation showing you as the heir to an estate which is in probate. You will also need to think about how much of your inheritance you want to receive now.

What Areas of Oregon Qualify for an Inheritance Loan?

We provide probate advances in all of Oregon, regardless of where you live or where the estate is being probated. This includes the following major cities:

  • Portland
  • Salem
  • Eugene
  • Gresham
  • Hillsboro

Read the following resources if you want to know more about probate in Oregon and the laws on estates.

Oregon Probate Resources

Oregon Inheritance Tax Laws