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RICHARD B. SCHNEIDER
OREGON ESTATE PLANNING ATTORNEY
Despite knowing the importance of having an estate plan in place surveys indicate than over half of all Americans do not have one. Although an estate plan can accomplish much more, the primary goal of most estate plan is to create a roadmap for the distribution of estate property after the death of the decedent. If you are one of the millions of Americans who has yet to create an estate plan it may prompt you to finally create one after you understand what happens to your estate if you die intestate, or without a plan in place.
OREGON PROBATE
In Oregon, as is the case in all states, most estates are required to go through probate upon the death of the estate owner. Probate is a legal process that has two primary objectives. The first is to ensure that your estate assets are accounted for, valued, and ultimately transferred to the intended beneficiaries after your death. The second objective is to allow creditors of the estate to file claims and secure payment from your estate. Most of your assets will be included in the probate of your estate; however, there are assets that pass outside of probate, including:
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Proceeds from a life insurance policy Assets held in a living trust Assets held in a retirement account such as a 401(k) account Funds held in an account that is designated as a payable on death account Securities, vehicles, or other property held by an account or with a title/deed designated as a transfer on death account Real property that you co-own with someone if it is titled as a joint tenancy or tenancy by the entirety Oregon does offer an alternative to formal probate for small estates. If the estates personal property is valued at no more than $75,000 and real property is valued at no more than $200,000, for a total aggregate estate value of no more than $275,000 (as of 2013) the estate may qualify to be probated using an affidavit of claiming successor. All other estates must go through formal probate. If you left behind a valid Will the probate of your estate can be accomplished more efficiently because the heirs of the estate do not have to be determined by the court. When a Will is entered into probate the court is bound by the terms of the Will with regard to how the estate assets are to be distributed. In the absence of a Will the court must first make a legal determination regarding the heirs as well as locate the heirs
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of the estate. This can add a significant amount of time and expense to the probate process.
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Sale of assets when you die intestate the court is required to distribute your assets exactly as called for in the intestate succession statutes. If assets are to be divided among heirs the court may be required to sell assets in order to create an equal division. This could mean your family home or special heirlooms must be sold to accomplish the equal division as required by law. Beneficiaries left out As you can see, only immediate family members are likely to inherit from your estate. This means that a childhood friend, a beloved niece, or a special charity will receive nothing from your estate, even if you intended them to benefit from your estate. By dying intestate you give up the right to gift assets to the beneficiaries of your choice.
Hopefully it is now clear why creating at least a basic estate plan is so important. Of course, the more elaborate your plan the more goals you can include in the plan; however, even executing a Last Will and Testament alone will prevent the unwanted consequences that often stem from an intestate estate.
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