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Free Initial 30 min. Probate Consultation | 503-538-1350 | Estates | Can You Avoid Probate?

 


Probate



More than 36 Years of Estate Administration and Probate Practice for Yamhill County, Washington County, Multnomah County, Clackamas County, Hood River County, Wasco County, Marion County, Linn County, Benton County, Lane, Polk County, Lincoln County, Tillamook County, Clatsop County, Columbia County, and other Counties within the State of Oregon. 

Larry K. Gray & Associates P.C.  will strive to achieve the best outcome for every client through reasoned, logical, informed, effective advocacy. 


At Larry K. Gray & Associates, P.C., the emphasis and focus are to provide sound advice, top quality document preparation, and/or reasoned advocacy for our client.  We strive to provide professional, timely, and cost-effective results to meet the client’s legal concerns.  Our proficiency, effectiveness, and integrity have earned us a reputation as one of Yamhill County’s premier Law Offices.

At times, you may find yourself in situations or with problems that you cannot resolve on your own.  Our legal counseling is designed to assist you and your family with courtesy and respect in such difficult periods.  Knowledgeable advice acquired from decades of legal experience can help you formulate a course of action to free yourself from a complex legal maze.  We do not represent banks, insurance companies, governmental agencies, or large corporations; our clients are individuals and families seeking help with legal problems they encounter in this increasingly complex world.
Larry K. Gray & Associates, PC

Call for a
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(503) 538-1350

404 East First Street Newberg, Oregon 97132
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Larry K. Gray & Associates, P.C. welcomes clients from within and outside the State of Oregon who need to investigate, manage, or wind-up a deceased family member’s Estate, Family Trust, or Probate related issue within Yamhill County, Washington County, Clackamas County,  Multnomah County, Hood River County, Wasco County, Columbia County, Clatsop County, Marion County, Polk County, Lincoln County, or Tillamook County, in the State of Oregon.  We will make efforts to accommodate and assist with the difficulties associated with handling an Estate from long distance.


 
What is Probate?



Probate is a judicial proceeding to manage assets and debts of a decedent’s Estate. The court appoints a person (Personal Representative) to explore the affairs of a decedent’s Estate and gives the appointed Personal Representative authority to manage the assets and debts of the Estate.  Probate helps insure an orderly collection of assets, payment of debts and claims, and proper distribution of the Estate assets to heirs.


 
When is Probate Necessary?



We have often heard the opinion that Probate should be avoided because of the expense and inconvenience of Probate.  It is better to avoid Probate through sound estate planning, but Probate is often the only way, or the prudent way, to manage an Estate.  There may be assets which only a judicial Probate can reach or can transfer title to the proper heirs.  Estate assets may be in the possession of someone using Estate assets contrary to proper winding up of the decedent's Estate, and Probate becomes necessary to properly regain control, manage, and distribute the assets.

Many assets may not necessitate a judicial Probate proceeding.  Examples of non-Probate assets are co-owned assets with rights of survivorship, life insurance policies with named beneficiaries, retirement accounts with named beneficiaries, and bank or financial accounts with rights of survivorship or pay on death (POD) beneficiaries.

If real property, bank account, financial account, or some other titled asset is in the decedent’s sole name, then the real property, monies, or assets may be unavailable to the Estate and heirs until a Personal Representative is appointed in Probate.


 
The Role a Last Will
 and Testament Plays
 in Probate



The deceased person’s Last Will and Testament is the document used in Probate.  The original Will is submitted to the court, and the court uses it as the document expressing the decedent's intent as to what should happen within Probate.  The Last Will and Testament topically names the beneficiaries, designates a Personal Representative, appoints a guardian for minor child(ren), and states other conditions to be followed in the administration of the Estate.

The Last Will and Testament is not used to avoid Probate, but the document used in Probate.


 
What Happens If There is No Will?



If a person dies without a Last Will and Testament, Oregon law provides a Probate asset distribution scheme to the decedent’s family members.  Probate without a Will is called Intestate Succession.  Most of the procedures in Probate are the same for Estates with or without a Will.  For many Oregon families, the Intestate Succession laws might be appropriate.  However, with the many later-in-life marriages and/or contemporary blended families, the Intestate Succession laws probably will not match the decedent’s wishes.  Even a modest estate plan, such as a simple Will, can avoid the application of the Intestate Succession laws - one of the best reasons to do a Will.


 
What happens in Probate?



If Probate is necessary to deal with an Estate, Probate is initiated with the filing of a written document entitled Petition with an appropriate Oregon Circuit Court.  The court appoints a Personal Representative (Executor) and issues a Letter of Testamentary (Will) or a Letter of Administration (Intestate).  The Letters of Testamentary or Letter of Administration give the Personal Representative the authority to manage the assets and debts of the Estate.  The Personal Representative notifies interested parties of the Estate proceeding, collects together the assets of the Estate, reports the assets to the court, makes an investigation of debts and claims against the Estate, pays valid claims, files tax returns, and does a periodic accounting to the court of the financial transactions within the Estate.  When the Estate is ready to close, the Personal Representative does a Final Accounting to the court, obtains a Judgment of Distribution to beneficiaries, distributes the assets to beneficiaries, obtains acknowledgment of receipt from beneficiaries, reports the distribution to and receipt by the beneficiaries, and obtains an Order closing the Estate.  There are many details which will probably require the attention of a knowledgeable and experienced Probate attorney.


Administration of an Estate can involve legal issues in many different areas of law, such as elder law, trust law,  real estate law, insurance law, family law, contract law, business law, corporate law, debtor-creditor law, Federal and State tax law, and/or civil litigation.  Choosing an attorney with an extensive knowledge and a depth of experience in many areas of law and finance can make the difference between an orderly or chaotic administration of the Estate.





For a knowledgeable, experienced, and cost-effective
Probate and Estate Attorney,
contact Larry K. Gray & Associates, P.C. Larry K. Gray has been helping clients
for more than 36 years.




Larry K. Gray & Associate, P.C.

404 East First Street                              Phone: (503) 538-1350

Newberg, Oregon
Fax: (503) 538-6957




The information on this website is not intended to be legal advice regarding your particular legal problem, and the presentation of this information does not create an attorney-client relationship. An attorney-client relationship will only exist after a mutual agreement to establish an attorney-client relationship.



Overview of Website Pages for Areas of Practice:

Family Law                 Elder Law                 Estates             Real Estate Law      Business Law

Divorce                             Power of Attorney         Wills & Trust      Selling
Uncontested Divorce        Health Care Decisions   Small Estate        Buying
Contested Divorce            Conservatorship             Probate                Earnest Money
Child Custody                   Guardianship                 Will Contest        Lease Option
Parenting Time                 Medicaid                        Estate Planning   Commercial Lease
Child Support                                                          Avoid Probate     Boundary Dispute
Property Division                                                    Simple Will
Spousal Support                                                      Wills
Grandparent Rights                                                 Trusts
                                                                                 Decedent's Estate


Attorney | Attorneys | Lawyer | Lawyers | Law Office | Law Firm | Legal Services

Geographical areas, Oregon Counties and Cities, wherein Larry K. Gray & Associates, P.C. provides legal services as an Estate and/or Probate Attorney:

Yamhill County, Oregon Estate and Probate Attorney:

Probate Attorney Newberg Oregon 97132, and the surrounding areas of Dundee Oregon 97115, Yamhill Oregon 97148, and Carlton Oregon 97111; Probate Attorney McMinnville Oregon 97128, and the surrounding areas of Lafayette Oregon 97127, Dayton Oregon 97114, Amity Oregon 97101, Sheridan Oregon 97378, Willamina Oregon 97396, and Grand Ronde Oregon 97347.

Washington County, Oregon Estate and Probate Attorney:

Probate Attorney Sherwood Oregon 97140, and the surrounding areas of King City Oregon 97224, and Tualatin Oregon 97062; Probate Attorney Beaverton Oregon 97007, and the surrounding area of Tigard Oregon 97223; Probate attorney Hillsboro Oregon 97123, and the surrounding area of Cornelius Oregon 97113; Probate attorney Forest Grove Oregon 97116, and the surrounding areas of North Plains Oregon 97133, Banks Oregon 97106, and Gaston Oregon 97119.

Clackamas County, Oregon Estate and Probate Attorney:

Probate Attorney Wilsonville Oregon 97070, and the surrounding areas of Canby Oregon 97013, Aurora Oregon 97002, and Molalla Oregon 97038; Probate Attorney Lake Oswego Oregon 97035, and the surrounding areas of West Linn Oregon 97068, and Tualatin Oregon 97062; Probate Attorney Oregon City Oregon 97045, and the surrounding areas of Gladstone Oregon 97027, Damascus Oregon 97089, Estacada Oregon 97023, and Sandy Oregon 97055.

Multnomah County, Oregon Estate and Probate Attorney:

Probate Attorney Portland Oregon 97219 97239 97201 97214 97202 97206 97266 97215 97216 97213 97218 97220 97230 97233 97236, and the surrounding areas of Gresham Oregon 97030 97080, Troutdale Oregon 97060, Milwaukie Oregon 97222, and Lake Oswego Oregon 97034.

Hood River County, Oregon Estate and Probate Attorney:

Probate Attorney Hood River Oregon 97031, and the surrounding areas of Cascade Locks Oregon 97014.

Wasco County, Oregon Estate and Probate Attorney:

Probate Attorney The Dalles Oregon 97058, and the surrounding areas of Mosier Oregon 97040, and Maupin Oregon 97037.

Columbia County, Oregon Estate and Probate Attorney:

Probate Attorney St. Helens Oregon 97051, and the surrounding areas of Scappoose Oregon 97056, Vernonia Oregon 97064, Ranier Oregon 97048, and Clatskanie Oregon 97016.

Clatsop County, Oregon Estate and Probate Attorney:

Probate Attorney Seaside Oregon 97138, and the surrounding areas of Cannon Beach Oregon 97110, and Gearhart Oregon 97138; Probate Attorney Astoria Oregon 97103, and the surrounding area of Warrenton Oregon 97146.

Lincoln County, Oregon Estate and Probate Attorney:

Probate Attorney Newport Oregon 97365, and the surrounding areas of Lincoln City Oregon 97367, and Waldport Oregon 97394.

 Tillamook County, Oregon Estate and Probate Attorney:

Probate Attorney Tillamook Oregon 97141, and the surrounding areas of Garibaldi Oregon 97118, Manzanita Oregon 97130, Cloverdale Oregon 97112, Pacific City Oregon 97112, and Neskowin Oregon 97149.

Marion County, Oregon Estate and Probate Attorney:

Probate Attorney Woodburn Oregon 97071, and the surrounding areas of St. Paul Oregon 97137, Donald Oregon 97002, Hubbard Oregon 97032, and Gervais Oregon 97026; Probate Attorney Keizer Oregon 97303, and the surrounding areas of Brooks Oregon 97303, Silverton Oregon 97381, and Mt. Angel Oregon 97362: Probate Attorney Salem Oregon 97301 97302 97396, and the surrounding areas of Stayton Oregon 97383, Aumsville Oregon 97325, Sublimity Oregon 97385, Turner Oregon 97392, and Jefferson Oregon 97352.

Polk County, Oregon Estate and Probate Attorney:

Probate Attorney Dallas Oregon 97338, and the surrounding areas of Fall City Oregon 97344, Rickreall Oregon 97371, Sheridan Oregon 97378, Willamina Oregon 97396, and Grand Ronde Oregon 97347; Probate Attorney West Salem Oregon 97304, and the surrounding areas of Monmouth Oregon 97361, and Independence Oregon 97351.


Linn County, Oregon Estate and Probate Attorney:

Probate Attorney Albany Oregon 97321, and the surrounding areas of Lebanon Oregon 97355, Sweet Home Oregon 97386, and Tangent Oregon 97389.

Benton County, Oregon Estate and Probate Attorney:

Probate Attorney Corvallis Oregon 97330 97333 97321, and Philomath Oregon 97370.

Lane County, Oregon Estate and Probate Attorney:

Probate Attorney Eugene Oregon 97401, and the surrounding areas of Junction City Oregon 97448, Springfield Oregon 97477, Cottage Grove Oregon 97424, and Florence Oregon 97439.

 

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