Probate and Estate Attorney
Law Office of David B. Gray
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David B. Gray
  12275 SW Second Street
Beaverton, OR 97005
(503)7473682
info@oregonestatelawyers.com

Probate can be confusing for those who have not been through the process repeatedly. Our typical probate clients never need to personally appear in court nor prepare any documents. We prepare all necessary papers to be filed with the court and arrange for any necessary publications.

If a probate proceeding is necessary, you typically pay no attorney fees until the end of the probate process when all parties are paid, and only after our fees have been reviewed and approved by the court.

David Gray will provide personal legal service including wills, probate, business law, contracts, real estate, and more.  

WHAT IS PROBATE?

Probate is a system for passing legal title to property from the person who has passed away (the "decedent") to the people who are legally entitled to receive the decedent’s property. The State Court needs to approve the transfer before it can legally occur. If there is a valid Will, then the property will go to those persons named in the Will as beneficiaries. If there is no Will, then Oregon law is applied to determine who are the proper heirs (closest living relatives) entitled to receive the decedent’s property.

DO YOU NEED TO PROBATE THE ESTATE IN COURT?

General Rule: The general rule is that if there is any property in the name of the person who passed away, such as real estate, bank accounts, stocks, bonds, mutual funds, or other investment accounts, then title needs to be transferred through the court.

Exceptions: There are many exceptions to this general rule. One is where the only asset is real estate that is in the joint name of husband and wife when one of them dies. Typically the survivor spouse will become the sole owner of the property without going through a probate proceeding. Another exception is if the only asset is a bank account with a joint owner, then that joint owner is presumed by law to be entitled to any money in that account without the need of probate. As to bank accounts or brokerage accounts that have a beneficiary named on the account itself, that account does not need to go through the probate process and the account will go directly to the named beneficiary after providing the bank or brokerage with their required documentation.