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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37798
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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We are at the end of a 4 month probate. I am told as beneficiaries

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We are at the end of a 4 month probate. I am told as beneficiaries of a small probate ($242,000 proceeds on sale of house), my brother and I each will be receiving a letter giving us 20 days to come forward requesting more than our 1/2 of the estate. We are both in agreement that we just want to split the amount and go forward. Can we waive that 20 day period to respond and just sign off and close it so we can get paid??
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
What you are talking about is the 20 day notice of the final accounting and petition for judgment of distribution in which you could file an objection to the accounting or proposed distribution. This is covered under ORS 116.093 but I don't see any provision for waiving the 20 days to speed up the distribution... Since this time is set by statute, and there is nothing that states the heirs can waive, then I would have to say the 20 day waiting period is mandatory before the judge would approve the petition for distribution.





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