Oregon Probate Form

Petition For Appointment Of Personal Representative And Letters Of Administration

Everything you need to know about Oregon Form Petition For Appointment Of Personal Representative And Letters Of Administration, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related OR probate forms.

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About Petition For Appointment Of Personal Representative And Letters Of Administration

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Appointment Of Personal Representative And Letters Of Administration is a commonly used form within Oregon. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Appointment Of Personal Representative And Letters Of Administration

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Personal Representative And Letters Of Administration:

  • This form pertains to the State of Oregon

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Oregon’s Form Petition For Appointment Of Personal Representative And Letters Of Administration up to date, certain details can change from time-to-time with little or no communication.

How to file Form Petition For Appointment Of Personal Representative And Letters Of Administration

Step 1 - Download the correct Oregon form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Oregon probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Petition For Appointment Of Personal Representative And Letters Of Administration, take a break, and then review. Probate and estate settlement processes in OR are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Petition For Appointment Of Personal Representative And Letters Of Administration online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Appointment Of Personal Representative And Letters Of Administration to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition For Appointment Of Personal Representative And Letters Of Administration is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Oregon.

5 reasons you should submit this form as quickly as possible:

  1. The sooner you begin, the faster Oregon can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Oregon. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of Oregon is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Oregon probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Oregon probate clerk or court for exact answers regarding Form Petition For Appointment Of Personal Representative And Letters Of Administration, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Petition For Appointment Of Personal Representative And Letters Of Administration is one of the many probate court forms available for download through Atticus.

It may also be available through some Oregon probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Oregon.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Petition For Appointment Of Personal Representative And Letters Of Administration f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Oregon probate court office.

Petition For Appointment Of Personal Representative And Letters Of Administration is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Oregon-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form Petition For Appointment Of Personal Representative And Letters Of Administration is a probate form in Oregon.

  • Oregon has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Oregon.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Oregon, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition For Appointment Of Personal Representative And Letters Of Administration

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form Petition For Appointment Of Personal Representative And Letters Of Administration

Here’s the text, verbatim, that is found on Oregon Form Petition For Appointment Of Personal Representative And Letters Of Administration. You can use this to get an idea of the context of the form and what type of information is needed.

In the Circuit Court of the State of Oregon For the County of _______________ In the Matter of the Estate of ) Case No. _____________ ) _________________________, ) PETITION FOR APPOINTMENT OF Deceased ) PERSONAL REPRESENTATIVE AND LETTERS OF ADMINISTRATION _____________________ petitions the aforementioned court and respectfully states: 1. On ________________, the decedent died at (location) ______________________________, at the age of ____ years. At the time of death, the decedent was domiciled at (physical address) _________________________________________________, having a post office address of ________________________________________ _____________. 2. Th e decedent died intestate. 3. Ve nue is established in the County of _______________, Oregon, within the jurisdiction of this court , because (check all that apply): __ the decedent was domiciled in this county __ the decedent owned property located in this county __ the decedent died in this county __ other (explain): _______________________________________________________________ 4. _____ ___ ______________, petitions to this court to be named as personal representative of the estate of ___________________. Petitioner is of legal age, is competent to serve in this capacity, and is not disqualified to serve under any provision of ORS 113.095. 5. Th e names, relationships to the decedent, mailing addresses, and ages (if a minor) of all heirs of the decedent are as follows: Name Relationship Mailing Address Age Reasonable efforts have been made to identify and locate all heirs of the decedent. __ There may be additional heirs with an interest in the estate that are omitted from this list, or that the petitioner is not able to identify at this time (explain): ___________________________________________________________________________ Petition for Appointment of Personal Representative and Letters of Administration ORS 113.035 Page 1 OF 2 6. The following assert(s) an interest in this estate pursuant to ORS 113.035(8) or 113.035(9). Name Mailing Address Nature of Interest OR __ Petitioner does not know of any person who asserts an interest in the estate pursuant to ORS 113.035(8) or 113.035(9). 7. As far as it is known to the petitioner, at the time of this petition, the nature, extent and estimated value of the decedents assets subject to probate are: Real Property $ __________________ __ The estate does not have any Personal Property $ __________________ OR known assets. The reason for TOTAL $ __________________ filing this petition is: __________________________ 8. __ Petitioner requests bond __ Petitioner requests the court consider the necessity of bond be waived because: ____________________________________________________________________________ WHEREFORE, petitioner prays for an order of thi s court admitting this estate to administration, appo inting petitioner as administrator of this estate, fixing the amount of the required bond (if any), and that upon the posting of any required bond, issuing letters of administration to petitioner in the manner provided by law. I hereby declar e that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and subject to penalty for perjury. ___________________________ ________ ___________________________ ________ Petitioner’s Signature Date Attorney’s Signature Bar. No. Printed Name:_________________________ Printed Name:_________________________ Address: _____________________________ Address: _____________________________ Phone: ______________________________ Phone: ______________________________ Email: _______________________________ Email: _______________________________ Petition for Appointment of Personal Representative and Letters of Administration ORS 113.035 Page 2 OF 2

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