What to Expect During the Probate Process in Oregon and Washington

Probate is the legal process that settles a person’s estate after they pass away. If the person had a will, the court validates it and supervises its instructions. If there’s no will, state law determines who inherits the estate.

In Oregon and Washington, probate is a public, court-supervised process—but it’s not always required. This post explains when probate applies, what it involves, and how good planning can help minimize its impact.

When Probate Is Required

Probate is generally required when:

• The deceased owned real estate in their name only
• There are significant assets not held in a trust or with named beneficiaries
• The estate includes disputes or complex debts

Some small estates can avoid probate through streamlined procedures, but many estates will require some level of court involvement.

What Happens During Probate

The probate process usually involves:

1. Filing the will (if there is one) with the court
2. Appointing a personal representative (executor)
3. Notifying heirs, beneficiaries, and creditors
4. Taking inventory of assets
5. Paying debts, taxes, and expenses
6. Distributing remaining assets according to the will or state law

This process typically takes 6–12 months, though it can be shorter or longer depending on complexity.

How to Simplify or Avoid Probate

Strategies to simplify or avoid probate include:

• Creating a revocable living trust and funding it properly
• Using transfer-on-death or payable-on-death designations for financial accounts
• Holding real estate with survivorship rights
• Keeping assets titled jointly, when appropriate

Even if probate is required, working with an experienced legal team can reduce delays, costs, and stress for your family.

Learn More

For more information on how we guide clients through the probate process, visit our Probate practice area page.