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I am an heir in an estate that is being probated in the

state of Oregon under the...
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distribution... prior to one of the estate properties being sold. In other words, there will be one remaining estate asset when the distribution is made. My question: can this be done and if so under what statute? Can I object to this move? The administrator is not attempting to market and sell the remaining property because one heir, the one she is favoring and has a conflict-of-interest with, is using the property and until recently wasn’t not paying any rent.
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Answered in 1 minute by:
10/13/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,448
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your question. Please remember to rate my answer at the end of this session. Thank you!

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First, an estate cannot be closed until all affairs of the decedent have been completed. This includes either selling or distributing real property. You may object to the personal representative attempting to close the estate. Also, as a beneficiary, you may demand that the personal representative sell the property and in the mean time collect rent. If the personal representative does not do that, you may ask the court to remove the personal representative.

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If you believe there is a conflict of interest between the personal representative and a beneficiary, this may also be grounds for removal. The personal representative may not favor one beneficiary over another.

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Customer reply replied 8 months ago
Thank you for your prompt response. The personal representative has a probate attorney advising her and they both have said they want to close out the estate even with the one property remaining. Why are they saying this if it can't be done? Are you certain of your answer on this and there no way to close the estate prior to selling all of the estate assets?

The real property cannot remain in the decedent's name. If the property is held in trust or if the titled is distributed to the beneficiaries then the property is no longer in the estate and the estate may be closed.

Jessica B
Category: Estate Law
Satisfied Customers: 1,448
Experience: Attorney at Donald B. Linsky & Associates, PA
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