Best Probate Lawyers in Beaverton

FAQs

• What is the non-emergency contact number for the local police station in Beaverton, Oregon?

  Dial 503-629-0111 to reach the Beaverton Police for non-emergency dispatch.

• Where can I get a copy of police reports for incidents related to my case in Beaverton, Oregon?

  There are various ways to obtain a copy of a police report:

  1. Online – Submit a records request on the Beaverton Public Records Portal using this link: https://beavertonor.govqa.us/WEBAPP/_rs/(S(umkuyj2tdwyo1axduws4gzrb))/supporthome.aspx.
  2. Phone Call – Dial 503-526-2261 to reach the Records Division and make a records request.
  3. In Person or By Mail – Go to 6125 SW Hall Blvd., Beaverton, OR 97008, or send a records request via mail to the same address. You will need to provide the case number of your accident and pay the fee (usually $20 for each report). If you don’t have the case number, supply identifying details, such as the date and time of the accident, location, and names of people involved. The approval process for records requests takes 10 to 15 days. You will be notified when the report is ready.

• Is probate required in Beaverton if the decedent left a will?

  Whether or not a decedent's estate passes through the court's probate process is not solely determined by the existence of a will. Instead, it is the type and value of the property that serve as better indicators of whether probate will be necessary for the decedent's estate. For instance, modest estates with a fair market value of $275,000 and below, will go through an abbreviated process using a Small Estate Affidavit instead of a full probate.

• How do you start the probate process in Beaverton?

  To kickstart the probate process in Beaverton, someone has to deliver the decedent’s death certificate and will if available, and then file a petition in Probate Court. That someone is usually the executor identified on the will or an interested party, such as the decedent’s surviving spouse or descendant. The probate must also be filed in the county where the decedent was residing at the time of passing.

• Will the federal, estate, or inheritance taxes in Beaverton take a big chunk off a decedent’s estate during probate?

  Estate taxes in Beaverton only need to be paid if the decedent’s estate is valued at over $1 million. On the other hand, federal tax filing, as of 2022, is only required for estates with a gross value over $12.06 million. Heirs in Oregon do not need to pay inheritance taxes. However, the estate tax should already be paid off before their inheritances are distributed.

• How are assets distributed in a Beaverton probate process if the decedent had no will?

  In the absence of a will, the asset distribution in a Beaverton probate shall follow the Oregon Revised Statutes Chapter 112. State laws give priority of inheritance as follows: 1. surviving spouses, 2. children and grandchildren, 3. parents, and 4. siblings. The spouse shall inherit the entire estate if the decedent had no descendants (children or grandchildren), or if the descendants are also the spouse’s descendants.

• Are all executors required to obtain a probate bond in Beaverton?

  Executors are not always required to obtain a probate bond in Beaverton as it can be waived by the court or parties with interests in the estate. The purpose of probate bonds is to cover losses of the decedent’s heirs, beneficiaries, and creditors in case the executor makes an error in administration, such as incorrect accounting of assets. The bond amount will be determined by the court and is usually based on the estate’s value.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.