Who Is Responsible For Handling The Probate Process?

In Oregon, a Personal Representative is appointed by the court as part of the probate proceeding for larger estates.  In smaller estates, an Affiant is the responsible person for the small estate.  The Personal Representative is nominated in the decedent’s Will.  If there is no Will, the Oregon court will name a Personal Representative according to the priority established by the probate statute. This person has the responsibility for managing the estate through the proceeding, subject to the direction of the court and the probate laws and procedures.

Typically, the probate court has a considerable amount of control over the activities of the Personal Representative. The court may require that the Personal Representative obtain prior permission before certain actions may take place (e.g., the sale of property). The court will generally require an accounting from the Personal Representative of all estate transactions and property for larger estates.  For smaller estates, an Affiant is the responsible for managing the small estate, and generally will not need to do an accounting.

If you or someone you know needs legal representation, contact Kryger Alexander Carlson PC at (541) 928-6171 (Albany Office) to set up an appointment to speak with one of our attorneys, or submit a free case review form.