Probate is the legal process by which a decedent’s estate is settled. During the probate process, the Court appoints a personal representative (in other states, this person is called an “executor”). The personal representative is usually the person the decedent appointed in their will to serve in that capacity. In the event that the decedent died intestate (or without a will), Oregon law dictates whom has priority to serve as personal representative. The personal representative must provide the court with an accurate inventory of all of the decedent's property, safeguard the property during the probate process, notify all beneficairies and legal heirs of the probate, publish a notice of the probate, take steps to ensure that creditors are notified of the decedent's death, ensure that all creditor claims are reviewed, ensure that valid claims are paid and properly distribute the decedent's property according to the terms of their will (or if they died without a will, according to Oregon law).
In the event that a decedent dies intestate (without a will) or did not waive the bond requirement in his or her will, Oregon law requires that the personal representative obtain a bond for the value of the estate. This bond helps protect the creditors and heirs or beneficiaries of the estate. Your attorney can help guide you through the probate process to ensure that all legal requirements are met to legally administer your loved one's estate.