Estate Administration
We have helped countless families through a wide range of trust administration and probate matters, from straightforward proceedings to complex disputes where achieving a fair resolution requires litigation.
Estate Administration in Oregon
When a loved one passes away, even routine tasks can become difficult as you work through your grief. Under the best of circumstances, administering a trust and dealing with the probate court system can feel daunting and overwhelming—especially when a dispute arises. Our attorneys draw on their knowledge and expertise to help guide you through the process and make it as smooth and seamless as possible. And if you live outside the area, or out of state, we can handle most of the process by phone and video, so you rarely need to travel to settle an Oregon estate with Hutchinson Cox.
Contact us to schedule a consultation with one of our experienced attorneys.
General Probate
Probate is the court-supervised process of settling a person's estate after death. In Oregon, the court appoints a personal representative (the role many people call an executor) to gather and value assets, notify heirs and creditors, pay debts and taxes, and distribute what remains according to the will or, if there is no will, Oregon's intestacy laws.
Probate is also where disputes over an estate are resolved, including challenges to a will, questions about who qualifies as an heir, property ownership, and whether a personal representative has met their fiduciary duties.
We represent personal representatives and heirs at every stage, helping the estate move through probate efficiently and in line with the decedent's wishes and Oregon law.
Simple Estates
Not every estate needs a full probate. When an estate falls under certain value limits, or, in some cases, when a will leaves the remaining estate to a trust created during the person's lifetime, Oregon law allows a simplified process using a Simple Estate Affidavit (previously called a small estate affidavit). Whether it's the right fit depends on the size and type of assets involved and who is entitled to receive them.
We can help you determine whether a Simple Estate Affidavit applies to your situation and, if it does, prepare and file it so the estate can be settled with less time and expense.
Trust Administration
When a decedent has established a trust during their lifetime, a probate proceeding may not be necessary. However, even when a trust has been properly established and fully funded, the successor Trustee must follow specific legal requirements and procedures to properly administer the trust.
Trust administration is similar in many respects to the probate process but generally does not require court supervision. Depending on the terms of the trust and the estate, a trustee's responsibilities commonly include:
• Sending required notices to beneficiaries
• Identifying and valuing trust assets
• Preparing tax returns and paying taxes owed
• Addressing creditor claims
• Preparing an accounting for beneficiaries
• Distributing trust assets to the beneficiaries
We advise trustees through each step so the trust is administered according to its terms and Oregon law, and we help beneficiaries understand their rights when questions arise.
Probate & Trust Administration Attorneys
