Probate
Bend Probate Attorneys
Serving Individuals & Families in Bend, Redmond, La Pine, And Surrounding
What is Probate?
Probate is the legal process the court uses to oversee the distribution of assets left by a deceased person’s will or, if there is no will, according to law. Assets include anything a person owns that has value, such as real estate or personal property. With the support of a probate attorney in Bend at Hurley Re Law Group, LLC, the process can be broken down into manageable steps and handled with less stress.
Oregon courts, including the Deschutes County Circuit Court in Bend, handle probate matters for local families. When a loved one passes away, the probate process can be used to address a variety of assets and property types. Local rules in Central Oregon may influence the timing and specific filings required during administration. Working with a probate lawyer in Bend who understands the region’s procedures offers clarity and reassurance every step of the way. Many families find that, in addition to distributing property, probate resolves outstanding debts and clarifies who will settle financial matters for the estate.
When is it Necessary?
Probate is generally necessary to settle debts and clear title to land and other assets held in the deceased person’s name only. Probate is not required if the deceased individual owned everything jointly. For example, all bank accounts and real property held in joint tenancy pass automatically to the surviving owner.
In Bend and the surrounding areas of Deschutes County, whether a full probate is required often depends on how the decedent titled assets. Some estates avoid the process through joint tenancy, transfer-on-death deeds, or living trusts that pass assets directly to beneficiaries. Oregon law provides options for reducing court involvement for small or straightforward estates. However, families may still need legal guidance to determine eligibility and ensure requirements are met.
Need a probate lawyer in Bend? Get personal attention and local experience from Hurley Re Law Group, LLC. Contact us online now or call (541) 933-4688.
What Happens During Probate?
In Oregon, the person named as the Personal Representative under a will must be appointed by the court to administer the estate. If there is no will, a family member commonly files a petition with the court to become the Personal Representative. The Personal Representative needs to file an inventory of all estate assets. The Personal Representative may sell estate assets if funds are needed or as authorized under the terms of the will.
A Personal Representative in Bend often works closely with local banks and real estate professionals to manage accounts and property during administration. Oregon courts, including those in Deschutes County, require timely paperwork submission for assets, debts, and property transfers so the process moves forward efficiently. Preparing an organized record of the estate’s accounts, assets, and property helps the Personal Representative fulfill obligations smoothly, which is especially important when heirs live in other parts of Oregon or out of state.
A notice to creditors is published in a local newspaper, notifying creditors that they have four months to bring a claim against the estate for debts the deceased person may owe. Heirs and any person named in a will also receive notice of the probate proceeding.
Understanding the Process
All necessary tax returns must be prepared, including state and federal tax returns as well as any inheritance, gift, or estate tax returns.
Working with an estate planning attorney helps gather the required information for taxes, court inventories, and final accounting. In Deschutes County, local procedures may require some filings at the courthouse in downtown Bend. Many estates must determine the value of real property using recent appraisals or county tax records, especially if there are multiple heirs. Throughout the process, regular communication keeps all beneficiaries and interested parties informed of progress and next steps.
The court also requires an accounting that documents the assets collected for the estate and the debts paid. After the court approves the accounting, assets are distributed to heirs and beneficiaries.
The probate attorneys in Bend at Hurley Re assist the Personal Representative throughout the probate process. Probate often begins shortly after death and typically takes about six to nine months. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.
-
“The attorneys at Hurley Re are hard working professional and caring.” - Joy R.
-
“He went out of his way to provide the best assistance possible while I had to address a challenging matter.” - Luisa S.
-
“They helped us figure out the best documentation based on our needs. I highly recommend!” - Gail L.
What is a “small estate” proceeding?
Oregon allows a condensed procedure for estate administration in small estates that would otherwise require full probate. This process can reduce both cost and time when distributing estate assets. An estate qualifies if its personal property is valued at no more than $75,000 and its real property at no more than $200,000, with a total estate value not exceeding $275,000. Real property includes land and structures attached to land, while personal property covers all other items such as clothing, vehicles, stocks, and personal belongings.
Central Oregon families often use the small estate process for faster resolution of modest estates. Local courts in Bend and nearby communities provide clear forms and information for navigating these simple filings. Filing a small estate affidavit enables families to access bank accounts or vehicles more quickly than with full probate. However, unique circumstances—such as complex property holdings or creditor claims—sometimes mean even qualifying estates need additional legal support.
Meeting the dollar amount may not be enough if the estate is complex to administer. The probate lawyers in Bend at Hurley Re will help you decide whether a small estate proceeding or a probate proceeding is right for your situation. Whatever your matter involves, we’re here to guide you every step of the way.
Frequently Asked Questions
How long does probate take in Central Oregon?
In most cases, probate in Central Oregon takes six to nine months from filing to final distribution, though it can take longer if the estate involves multiple properties, disputed debts, or missing beneficiaries. Completing all legal steps efficiently helps keep the process on schedule.
Can I avoid probate for assets in Oregon?
Some assets do not require probate, such as jointly owned property, accounts with designated beneficiaries, and assets held in a living trust. Every estate is different, so reviewing asset types with a knowledgeable professional will help determine whether probate is necessary.
What are the common costs involved in probate?
Probate costs in Deschutes County may include court filing fees, personal representative fees, legal fees, and charges for notices or property appraisals. The actual expenses depend on the estate’s size and complexity.
The Role of a Probate Attorney & How We Support You
Serving as a probate attorney in Bend means helping clients face important decisions, understand local probate requirements, and communicate with the Deschutes County Circuit Court. Each estate brings its own priorities and challenges—such as property crossing county lines or business assets that require careful handling. We take time to understand your family’s goals, ensure compliance with Oregon law, and offer practical suggestions so you stay informed. State rules change as new statutes or court procedures take effect, so a local presence allows us to stay current with laws that may affect estates in Bend and throughout Central Oregon. Families rely on our commitment to simplify complex steps and provide solutions that reflect the needs of the local community.
Looking for a reliable probate lawyer in Bend? Trust Hurley Re Law Group, LLC for dedicated, local guidance in probate and estate matters. Reach out online today or dial (541) 933-4688!
