Probate Attorneys in Oregon
When a loved one passes away, the estate administration process can be overwhelming and emotionally taxing. At Johnson and Taylor, our experienced probate attorneys in Salem, OR can help you understand how the process works and guide you every step of the way. Whether you need assistance with the probate administration or with estate planning (to help avoid probate issues) our dedicated legal team provides compassionate legal support you can trust.
What is Probate?
Probate is the legal process in which a person’s estate is settled after their death. Overseen by the Oregon Circuit Court, it involves several different steps and important duties, including:
- Validating a deceased person’s will (if they have one)
- Appointing a personal representative for the estate if there is no will
- Identifying and inventorying assets
- Paying outstanding debts
- Filing and paying taxes
- Distributing assets to beneficiaries
Although it can take as little as five to six months to complete, depending on the complexity of the estate, probate can be time consuming, costly, and stressful for families. Our Oregon probate attorneys work to make it run efficiently and effectively and help you avoid common mistakes that delay the process.
What if My Loved One Dies Without a Will?
If a person dies without a last will and testament, the court will appoint a personal representative and distribute assets according to Oregon laws of intestate succession. These laws dictate who inherits assets based on the deceased person’s closest living relatives.
For example, if the deceased is survived by a spouse but has no children or descendants from another relationship, the spouse inherits the entire estate. If the deceased has children from a previous relationship, the spouse inherits half of the estate, and the other half is divided among the children.
If the deceased has no surviving spouse but has children, the entire estate is divided equally among the children. If a child has predeceased the parent, their share passes to their children (grandchildren of the deceased).
Succession then passes to the deceased parents, siblings, and more distant relatives according to Oregon law. Understanding intestate succession is vital for families navigating probate without a will. Your probate attorney can help you understand the law and ensure the proper distribution of assets.
The Simple Estate Probate Process in Oregon
As of 2025, estates valued at $275,000 or less (with no more than $200,000 being real property) in Oregon may qualify for a simplified probate process that involves a simple estate affidavit (formerly called a small estate affidavit). This method of settling an estate can help your loved ones save time and money and enable beneficiaries to receive their inheritance more quickly. Our probate attorneys are familiar with the simple estate process. We can determine whether an estate qualifies, gather required documentation, and help you file a simple estate affidavit.
Probate and Estate Administration Disputes
When disputes over an estate arise among beneficiaries or other family members, our probate lawyers can help mediate these conflicts, resolve matters in an efficient manner, and ensure the decedent’s wishes are carried out fairly. Whether you’re the personal representative of an estate or contesting a will, our experienced attorneys are well-versed in all aspects of probate litigation in Oregon.
Benefits of Hiring Our Oregon Probate Lawyers
Probate laws in Oregon can be complex, and the process involves specific legal requirements, including adhering to deadlines and filing paperwork. We handle all aspects of the probate process, which helps to ensure any steps you take during estate administration are legally sound. Our probate attorneys ensure all information and documents are properly prepared and submitted in a timely manner.
If you’re the executor or personal representative of an estate, your probate attorney can help you understand the significant legal responsibilities you’ve been entrusted to carry out. Having our attorneys assist you throughout the process ensures you comply with Oregon probate law and helps you avoid errors and personal liability.
Estate Planning to Simplify or Avoid Probate
There are several estate planning tools that can help your loved ones avoid probate in Oregon, including trusts, joint ownership, payable-on-death accounts, and gifting assets. Creating a living trust is one of the most effective ways to enable your assets to skip the probate process.
We can evaluate your situation and recommend strategies to simplify or bypass the probate process. Our estate planning lawyers and probate attorneys can also help you create a comprehensive estate plan and use strategic planning tools to make things easier for your loved ones, help them avoid conflict, and ensure your wishes are carried out as intended.
Other Probate and Estate Planning Matters
Our probate lawyers also handle legal matters such as property transfers, contested wills, guardianships, and powers of attorney. If you believe a loved one’s will should be contested, we can assess your case and advise you of your options. We can also help transfer legal ownership of property and assist you in establishing a guardianship or a conservatorship for minors or if an adult loved one is incapacitated and unable to handle their affairs due to age or health reasons.
Why Choose Our Oregon Probate Lawyers?
Our probate attorneys understand that the days, weeks, and months following the death of a loved one can be challenging. We approach every case with the compassion and attention it deserves. Our probate attorneys have extensive experience handling estates of all sizes and complexities and provide personalized solutions tailored to your unique needs and family dynamics.
Our experienced probate attorneys guide you through every step of the process, safeguard your interests, and facilitate a smooth and efficient resolution of your loved one’s estate. With so many details to take care of, you can trust our compassionate team to handle your probate case with the care and professionalism you and your family deserve.
In addition to estate planning and probate, our attorneys handle cases involving divorce and family law and personal injury claims. Our family law attorneys, estate planning lawyers, and probate attorneys serve clients in Marion, Polk, and Linn County and other surrounding communities. Members of our legal team are proud to serve our Spanish-speaking clients.
Contact Our Probate Attorneys in Salem, Oregon
If you need assistance with estate planning or probate, our dedicated team at Johnson and Taylor can help you understand your options and protect your rights and interests. To schedule a consultation with a probate lawyer in Oregon, call our office at 503-990-6641 or contact us.