Salem, OR Probate Attorney Team

Losing a loved one is never easy — and going through probate can only add to your stress at a time that is already very difficult. Whether you are a beneficiary of a loved one’s estate, a potential heir, a named executor in a will, or another interested party, a knowledgeable Oregon probate attorney can guide you through the probate process and help take the burden off your shoulders. At Litowich Law, our dedicated legal team has extensive experience handling probate matters involving estates of all sizes and approach every case with the time, attention, and compassion it deserves.

Diligent Attorneys to Help You Navigate the Probate Process

Probate is the legal process by which a person’s estate is distributed after their passing. It involves reviewing the decedent’s last will and testament to determine its validity, distributing their assets in their estate in accordance with the terms of the will, and appointing an executor who will handle the estate. If there is no will in place, the decedent is considered to have died intestate and their estate would be distributed based on Oregon’s intestate law. Specifically, probate may also be required to:
  • Distribute assets that are held solely in the decedent’s name
  • Collect any debts that are owed to the decedent
  • Manage debts that are owed to creditors
  • Resolve disputes regarding the validity of a will
  • Determine the rightful heirs
  • Distribute the estate according to intestate law if there is no will
Notably, not all assets need to go through the probate process. If the decedent placed property in a trust or used beneficiary designations on their financial accounts, these assets would bypass probate and be distributed directly to the named beneficiaries. Additionally, in cases involving an estate with $75,000 or less in personal property and a total value of $200,000 or less in real property, a simplified probate process — referred to as “small estate administration” — may be available. When grieving the loss of a loved one, it isn’t easy to think about administering their estate and the numerous tasks that come with doing so. At Litowich Law, we know how overwhelming it can be for families to go through probate. We will assist you with navigating the complexities of the process, advise you regarding the nuances of the law, and answer any questions you have. Our probate attorneys can help ensure the court process runs smoothly and you avoid common pitfalls that could cause delays.

Skillful Advocates for Probate Litigation

In the majority of cases, probate is uncontested and will proceed without any challenges. However, emotions run high at this time — and disputes can sometimes arise during the probate process regarding the validity of the will, the distribution of assets, or the executor’s actions. While many issues can be resolved out of court using mediation or another form of alternative dispute resolution, litigation may be necessary when the parties cannot reach an agreement. Probate litigation can involve legal disputes concerning a wide range of matters, including the following:
  • Lack of testamentary capacity to create a valid will
  • Undue influence in drafting a will
  • Forgery, fraud, or improper execution of the will
  • An executor’s breach of fiduciary duty
  • Heirship disputes
  • Disagreements about asset distribution
  • Conflicts concerning the interpretation of the will
  • Challenges to the appointment of the executor
  • Disputes over creditor claims
If you are facing a dispute during the probate process, it’s critical to have a seasoned probate attorney by your side who can protect your interests. At Litowich Law, we will work tirelessly to safeguard your rights. Whether your probate dispute can be negotiated out of court or requires litigation, we have the skill and proficiency needed to help secure the best possible outcome in your case. Our probate attorneys will take care of the intricate legal tasks so you can focus on the matters that are important to your family.

Contact an Experienced Oregon Probate Attorney

Probate can be a highly emotional time for many families — and a probate attorney can help to relieve the stress that can come with the legal process. Based in Salem, Litowich Law is committed to providing families throughout Oregon with the peace of mind they need that the probate process will be carried out efficiently and their loved one’s wishes will be met. Our probate lawyer team can help ensure all applicable deadlines are met, administrative tasks are carried out correctly, and potential complications are avoided. To learn more about how we can guide you through the probate process, we welcome you to contact us online or call 503-966-3558 for a consultation.