Do I Need a Probate Lawyer?
A Guide for Oregon and Washington Families
When a loved one passes away, families are often left not only grieving but also trying to make sense of complex legal and financial matters. One of the most common questions we hear is:
“Do I need a probate lawyer?”
In most cases, the answer depends on the situation. Below, we break down the most common reasons people in Oregon and Washington end up hiring a probate attorney, and what to expect in each scenario.
1. When Someone Passes Away with Property or Assets
If someone dies owning assets, like a home, bank accounts, or vehicles, that are titled solely in their name, those assets usually can't be transferred to heirs until the estate goes through probate.
In both Oregon and Washington, the probate process involves:
Filing a petition in probate court
Appointing a personal representative (or executor)
Inventorying and valuing the estate
Notifying creditors and paying debts
Distributing assets to beneficiaries
A probate lawyer guides families through these steps and helps ensure legal compliance, which can reduce stress and delays.
2. When There’s a Will That Needs to Be Carried Out
If the deceased person had a will, they likely named an “executor” or “personal representative” to handle their estate. While being nominated for this role is an honor, it's also a serious legal responsibility. Most nominees aren’t familiar with the probate process and hire a probate lawyer to:
File the will in court
Prepare necessary legal documents
Represent them in hearings
Avoid liability for errors
In Oregon and Washington, personal representatives can be held personally responsible for mistakes - so having legal guidance is highly recommended.
3. When There’s No Will (Died Intestate)
When someone dies without a will (called dying "intestate"), their estate is distributed according to state laws, not their personal wishes.
In Oregon and Washington, intestacy laws prioritize close family members, such as spouses, children, or parents, but the process can be confusing. A probate lawyer can help:
Determine who has the right to act as personal representative
Navigate the intestate probate process
Ensure assets are distributed correctly
This is especially important in blended families, second marriages, or when there are minor children involved.
When There Are Family Disputes or a Contested Will
Unfortunately, disagreements over wills, trusts, and estates are common, especially in times of grief. If someone believes a will is invalid, if family members dispute how assets should be divided, or that a trust is being administered improperly, then a probate lawyer is essential.
Common issues include:
Claims of undue influence or fraud
Questions about mental capacity when the estate planning documents were signed
Sibling or family member disagreements
Both Oregon and Washington probate courts allow for will contests and objections, but these are complex legal actions that require experienced representation.
5. When the Estate Is Large or Complicated
For estates with substantial assets, businesses, or multiple beneficiaries, the probate process becomes more intricate. A probate lawyer helps:
Navigate federal estate tax thresholds (especially in high-value estates)
Coordinate asset appraisals and transfers
Manage debts, creditors, and ongoing business matters
In both states, larger estates may involve estate tax planning, trust administration, or real property across multiple jurisdictions, which adds legal complexity best handled by professionals.
Final Thoughts
Whether you’re named as an executor, facing a family dispute, or just trying to understand your responsibilities, having an experienced probate attorney by your side can make all the difference.
At McKean Smith, we proudly help families in Portland, Vancouver, and throughout Oregon and Washington traverse the probate process with clarity and compassion.
Need guidance?
We’re here to help you move forward with confidence. Contact us today for a consultation.
