Post-Death Administration
Steady guidance for settling a loved one’s affairs — through the court, through a trust, or outside probate entirely.
Losing someone is hard enough without the paperwork that follows.
After a death, someone has to gather assets, pay debts and taxes, and pass what remains to the right people — whether that happens in probate court, through a trust, or by way of accounts and property that transfer automatically. As a local attorney in Portland, Oregon, I help personal representatives, trustees, and surviving families move through the process carefully and with as little friction as possible.
Probate
Guiding an estate through the court.
What it isProbate is the court-supervised process for settling a person’s estate after death. In Oregon it generally involves validating the will (if there is one), appointing a personal representative — the person authorized to act for the estate — inventorying assets, notifying and paying creditors, filing final tax returns, and distributing what remains to the heirs or beneficiaries. When someone dies without a will, the estate still goes through probate, but Oregon’s intestacy laws determine who inherits. Smaller estates may qualify for a simplified small-estate process instead of full probate.
How I can help- Getting appointed: Preparing the petition and supporting documents to have the personal representative appointed and authorized to act.
- Managing the estate: Inventorying and valuing assets, handling creditor claims and required notices, and meeting court deadlines.
- Closing it out: Preparing the accounting, distributing assets to the right people, and formally closing the estate.
- Answering the hard questions: Sorting out ambiguities in a will, disputes among heirs, or uncertainty about who inherits.
When there is no valid will, Oregon’s intestacy rules pass assets to spouses and blood relatives — an unmarried partner or chosen family member can be left with nothing. If your loved one left a will naming you, probate is how that intent is carried out; without one, a surviving partner may have to navigate a difficult process against biological relatives. I work to see that your loved one’s wishes, and your relationship, are respected throughout.
Trust Administration
Carrying out the trust’s instructions.
What it isWhen someone who created a trust passes away or becomes incapacitated, the successor trustee steps in to manage and distribute the trust’s assets according to its terms — usually without court involvement. Under Oregon law, a trustee has real duties: to notify beneficiaries, keep accurate records, act impartially, and put the beneficiaries’ interests first. Done well, trust administration is quieter, faster, and more private than probate.
How I can help- Advising the trustee: Explaining the successor trustee’s duties, timelines, and personal liability so they can act with confidence.
- Required notices: Preparing and sending the notices Oregon law requires to beneficiaries and other interested parties.
- Marshaling assets: Inventorying and valuing trust property, and paying debts, expenses, and taxes.
- Distribution & wind-up: Distributing assets to beneficiaries as the trust directs and, where appropriate, formally winding up the trust.
A well-administered trust keeps your family’s affairs private and out of court, and it honors the exact instructions your loved one set out — including provisions for partners and chosen family that intestacy law would never reach. I help successor trustees carry out those wishes correctly, reducing the risk of challenges from relatives who may not recognize your family as it truly is.
Estate Administration (Non-Probate)
Transfers that skip the court.
What it isNot everything passes through probate. Many assets transfer automatically at death — through beneficiary designations on life insurance and retirement accounts, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held jointly with right of survivorship, transfer-on-death deeds, and anything held in a trust. Coordinating these “non-probate” transfers is its own kind of administration: making sure claims are filed, titles are updated, and nothing slips through the cracks. Some smaller estates can also be settled with a simplified small-estate affidavit rather than full probate.
How I can help- Mapping the estate: Identifying which assets pass outside probate and which don’t, so the whole picture is handled.
- Claiming assets: Assisting with life insurance, retirement accounts, and POD/TOD account claims.
- Retitling property: Updating title to real estate and other assets, including transfer-on-death deeds.
- Simplified options: Using Oregon’s small-estate affidavit process where the estate qualifies.
- Keeping it coordinated: Aligning non-probate transfers with any probate or trust administration so everything reconciles.
Beneficiary designations generally control no matter what a will says — which makes them one of the strongest, simplest protections for partners and chosen family. After a death, I help make sure those designations are honored and that a surviving partner isn’t left fighting over accounts and property that were always meant for them.
Frequently asked questions
Does every estate have to go through probate?
No. Assets held in a trust, or that pass by beneficiary designation, POD/TOD, or right of survivorship, transfer outside probate. Smaller estates may also qualify for a simplified small-estate affidavit. Whether full probate is needed depends on what the person owned and how it was titled — that’s one of the first things we sort out.
How long does probate take in Oregon?
It varies with the size and complexity of the estate and whether anyone contests it. Many estates take several months to well over a year from start to close. Non-probate transfers and small-estate procedures are usually faster.
What does a personal representative (executor) actually do?
The personal representative gathers and protects the estate’s assets, notifies and pays creditors, files the final tax returns, keeps records, and distributes what’s left to the heirs or beneficiaries — all under court supervision. It’s a real legal responsibility, and I help personal representatives meet it without missteps.
I’ve been named successor trustee. What are my responsibilities?
As successor trustee you step into a fiduciary role: notifying beneficiaries, inventorying and safeguarding trust assets, paying valid debts and taxes, keeping clear records, and distributing assets according to the trust. You can be held personally responsible for getting it wrong, so it’s worth having guidance — which I’m glad to provide.
My partner died without a will. Do I have any rights?
It depends on your situation. A surviving spouse has certain rights under Oregon law, but when a couple isn’t married, an unmarried partner generally is not an heir under Oregon’s intestacy rules — which is exactly why documentation matters so much. If your partner named you on a will, trust, deed, or beneficiary designation, there may be a clear path forward. Please reach out so we can look at the specifics of your circumstances.
Who needs this?
Probate
- Anyone named as personal representative (executor) in a will.
- Family members of someone who died without a will and left probate assets.
- Estates that include real property or accounts with no beneficiary designation.
- Especially for gay and lesbian clients: Surviving partners navigating an estate where biological relatives may assert competing claims.
Trust Administration
- Successor trustees stepping in after a grantor’s death or incapacity.
- Beneficiaries who want to understand their rights under a trust.
- Families who want a private, court-free transfer of assets.
- Especially for gay and lesbian clients: Trustees carrying out provisions for partners and chosen family exactly as the grantor intended.
Estate Administration (Non-Probate)
- Beneficiaries of life insurance, retirement, or POD/TOD accounts.
- Co-owners of property held with right of survivorship.
- Smaller estates that may qualify for a small-estate affidavit.
- Especially for gay and lesbian clients: Surviving partners ensuring beneficiary designations meant for them are honored.
Let me carry some of the load.
If you’ve lost someone and aren’t sure what comes next, reach out. We’ll figure out what’s required and take it one step at a time — you’ll work directly with Lee from start to finish.