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Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.

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Q: Do you have to go through probate in Oregon if there is a will that appoints an executor?
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Do you have to go through probate in Oregon if there is a will that appoints a personal representative?

Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.


Do the beneficiaries approve executor fees in Oregon?

No, they do not approve executor fees. The probate court will do that and in most cases it is limited by law.


What are the executor fees in Oregon?

The Executor is entitled to 7% of the first $1000 in probate assets. Then that goes down to 2% for all probate assets over $50,000. The Executor is also entitled to 1% of all the non-probate assets. Although, as always, there can be variants to that based on the circumstances.


Does an executor of an Oregon will need to be an Oregon resident?

It is not normally a requirement. The court may require them to post a bond.


Was Solomon Fitzhugh a governor of Oregon?

No. He was a legislator from 1860-1863. Prior to that he was a probate judge (1852) and a delegate to the Oregon Constitutional Convention (1857).


Which court handles probate in Oregon?

In most Oregon counties, Circuit Court handles probate matters. In Gilliam, Grant, Harney, Malheur, Sherman, and Wheeler Counties, the County Court handles probate. Morrow County also has a County Court, but it only handles juvenile matters. Contact information for all OR courts is at the related link, below.


Did Oregon get the Oregon trail?

Yes, the Oregon Trail went through Oregon.


What state would you need to get a letter of testamentary from if your mom died in Washington and you live in Oregon and her will is from Oregon?

You can get letters testamentary from wherever the will is going to be probated. So go to the county courthouse probate court in Washington and get them or hire a probate attorney to do this form you.


In Oregon if the estate does not have enough money to pay the attorney's fees is the Estate Representative personally responsible for payment?

Generally, the estate is responsible for paying the debts of the estate and the costs of probate. However, it depends on what you signed when you hired the attorney. You need to review copies of those documents. If the executor mishandled the estate funds they may be personally liable for any resulting debts.


How do you become administrator of estate in Oregon?

You apply to the probate court. They will issue a letter of authority. The forms may be available online or at the court house.


Can the surviving spouse get the title to a car that is in the deceased husband's name in state of Oregon?

Yes, that is the reason for probate, it so that titles can be transferred to the beneficiaries.


Did the Oregon trail go through Colorado?

Yes. It passes through Missouri, Kansas, Nebraska, Wyoming, Idaho, and Oregon.