Gresham and east Multnomah County
Gresham Probate Attorney
Chris Clark has handled Oregon probate and estate administration for 20 years, which means Gresham families get one attorney who knows how Multnomah County probate operatesinstead of a rotating cast at a firm where their file is one of hundreds.
Where Gresham Probate Cases Actually Get Filed
Gresham sits in Multnomah County, so a Gresham resident's estate is usually filed with the Multnomah County Circuit Court. What surprises some families is that probate isn't handled at the East County Courthouse on SE Stark. Instead, probate matters go downtown, to the Multnomah County Courthouse at 1200 SW First Avenue in Portland.
Fortunately, most probates don’t require an in-person trip to the courthouse. . Attorneys file electronically in Oregon circuit courts, and most filings can be signed with an e-signature. As your probate lawyer in Gresham, Chris handles the filings from his desk and you handle the parts only you can: deciding what happens to the house, sorting through what your loved one kept, telling him who else needs to know about the probate.
How Do I Start Probate in Gresham, Oregon?
Before anything gets filed, it's worth finding out whether full probate is required at all. In most cases, Oregon allows a simple estate affidavit when the estate holds no more than $75,000 in personal property and no more than $200,000 in real property, and it can't be filed until 30 days have passed since the death. For a Gresham household where the home has appreciated past $200,000, which is most of them now, full probate is usually the answer.
If it is, here's the sequence.
01
Confirm What the Estate Holds and Review Any Will
You and Chris review the decedent’s accounts, vehicles, house, and other assets. Assets without a named beneficiary and assets not owned jointly with survivorship are those assets that must go through probate. If the decedent had a Will, you and Chris will review it and discuss any issues that may need to be addressed. If the decedent did not have a Will, you will discuss who are the decedent’s heirs entitled to receive the estate. If a probate bond will be required, Chris will help you apply to be preapproved for a bond.
02
File the Petition in Multnomah County
Chris files the petition for appointment of personal representative in Gresham's home county, along with any Will of the deceased. The court issues your Letters Testamentary (if the decedent had a Will) or your Letters of Administration (if the decedent had no Will).
03
Publish Notice and Notify Heirs and Creditors
Notice to interested persons is published, heirs and known creditors are notified directly, and the four-month creditor claim period begins.
04
File the Inventory
Within 90 days of your appointment, an inventory of estate property and its date-of-death values goes to the court.
05
Pay, Account, and Distribute
The decedent’s valid debts and final taxes are paid. Chris prepares the final accounting for the court or prepares a short statement in lieu of an accounting if appropriate. After court approval, the remainder of the estate goes to the beneficiaries of the estate.
What It Means to Be Personal Representative in Gresham
Being named personal representative isn't just a title, it's a fiduciary job with personal liability attached. You're responsible for securing and safekeeping the decedent’s property, keeping estate money strictly separate from your own, giving heirs and creditors the notice Oregon requires, and documenting every dollar in and out.
- You must take a personal representative’s class as required by the Multnomah County probate department.
- You must open a separate bank account with a new tax ID number in your name as a personal representative and keep estate funds out of your personal accounts.
- You must determine the estate tax value of the decedent’s assets, even if no Oregon estate tax return is required.
- You must provide heirs, beneficiaries, and other interested parties with statutory notice, publish a probate notice, and then file proof of giving those notices with the court.
- You must search for creditors during the first three months after appointment and give notice to certain creditors you find.
- You must file an inventory with the court within 90 days of appointment.
- You can be held personally responsible for losses caused by mistakes, omissions, or failure to perform these duties.
That last point is why many Gresham families call an attorney even when they're confident they could figure out the forms. If unpaid taxes are part of the picture, Chris's post on
protecting the personal representative from unfiled and unpaid taxes is worth reading before you distribute anything.
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FAQ's We Hear About Probate in Gresham
Do I need an attorney for probate in Gresham?
For a small estate that qualifies for a simple estate affidavit, often no, and Chris will tell you plainly if that's your situation. However, Chris has seen that simple estate affidavits filed without consulting an attorney can lead to costly mistakes and traps for the unadvised. For full probate, the personal representative carries fiduciary duties and personal liability. Multnomah County requires a personal representative to have an attorney unless you can prove you can demonstrate competency in probate matters.
Is there a probate lawyer near Gresham, Oregon who handles the whole case personally?
That's how Chris works. Every Gresham-area probate matter he takes is handled by him, from the first phone call through the final distribution. There's no legal assistant managing your file and no hand-off to whoever is available that week.
How long does probate take for a Gresham estate?
Six to twelve months is typical. The four-month creditor claim period sets the floor. Selling a home, resolving a disputed claim, or catching up on final tax returns are some examples of what can push an estate past a year.
What if the person lived in Gresham but owned property in another county?
Probate can be filed in the country where the person was domiciled, so a Gresham resident's estate can be filed in Multnomah County even if they owned a rental in Clackamas or a cabin on the coast. Out-of-state property can require a separate proceeding in that state, which is worth identifying early.
Serving Gresham and the Surrounding Metro Area
Chris works with families throughout Multnomah, Clackamas, and Washington counties. If you're farther south or west, see the pages for Lake Oswego and Beaverton, or read the full overview of his probate and trust administration practice.
Talk Directly With Chris About Your Gresham Probate
You'll reach Chris, not someone who screens his calls. . Call during business hours and he'll tell you what this estate is likely to require, what it's likely to cost, and what you should do this week. You can also read more about his background before you call.